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Conf  Pam  #541 


ACTS 


THE  GENERAL  ASSEMBLY 


STATR  or  SOrTl'  r    u    LtNA, 


rASSR1i-T\ 


SEPTEMBER  AND  DEPE^.TEET^.  1SC3, 


p^T^  "Ti-:!-.   or    t.   ;    LEOiSLAtlTRB,   i>f  coxFonniTv    with   th  ; 

III   r.    AND    D^-iIfiKrO   TO   FORM    A    i'AKT   OF  TUB   TIlIt:TF.E.VT!l 
YOLl'ME,    •    iShHKHCTXn    WITH    THE   ACTS    OP    \i(i\. 


COLVMBIA,    S.    C. 

i.sr,i. 


LIST  OF  ACTS 


PASSED    AT   THE 


SESSIOIirS  OF  SEPTEMBER  AKD  DECEMBER,  1863. 


An  Act*  to  provide  for  Volunteer  Companies  of  Mounted  Infantry, 

and  for  other  purposes l^l 

An  Act  to  provide  for  the  Election  of  Members  of  the  Congress  of 

the  Confederate  States  of  America  from  this  State 173 

An  Act  to  amend  an  Act,  entitled   "  An  Act  to  amend  '  an  Act  to 
organize  and  suppl}^  negro  labor  for  coast  defence,  in  compliance 
with  requisitions  of  the  Government  of  the  Confederate  States,' 
and  to  authorize  and  direct  the  Governor  to  proceed  to  furnish  • 
negro  labor  under  said  Act." 175 

An  Act  to  Prevent  Desertion  from  Confederate  or  Stat^j  Military  Ser- 
vice, and  Evasion  of  Conscription 177 

An  Act  .to  raise  Supplies  for  the  year  commencing  in  October,  one 

thousand  eight  hundred  and  sixty-three.... 17S 

An  Act  to  make  Appropriations  for  the  year  commencing  in  October, 

one  thousand  eight  hundred  and   sixty-three 182 

An  Act  to  declare  and  amend  the  Exemption  Law  of  this  State,  and 

for  other  purposes 188 

An  Act  to  extend  an  Act,  entitled  "  An  Act  to  extend  some  of  ihc 
provisions  of  an  Act,  entitled  '  An  Act  in  reference  to  the  suspen- 
sio»v  of  specie  pajTncnts^by  the  Banks  of  this  State,  and  for  other 
purposes,'  "  to  the  first  day  rff  January,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-lour 190 

An  Act  to  make  Provision  for  the  Support  of  the  Families  of  Soldiers 

from  this  State  in  the  Confederate  and  State  Service I'Jl 

An  Act  to  procure  supplies  and  furnish  the  implements  of  Agricul- 
tural and  Manufacturing  Industry  for  the  .'oldiers  and  people  of 
the  State,  by  a  union  of  the  State  with  the  Importing  and  Ex- 
porting Company  of  South  Carolina 195v 


iv  LIST  OF  ACTS. 

An  Act  to  ameDcl  the  Act  in  relation  to  the  supply  of  Labor  for  the 
Military  Defence  of  the  State,  passed  in  September,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-three 196 

An  Act  to  amend  an  Act,  entitled  "  An  Act  to  suppress  the  Distilla- 
tion of  Spirituous  Liquors  in  this  State  " 198 

An  Act  to  continue  in  force  an  Act,  entitled  *'  An  Act  to  extend  Re- 
lief to  Debtors,  and  to  prevent  the  sacrifice  of  property  at  public 
sales." 199 

An  Act  to  continue  in  force  the  laws  heretofore  enacted  in  relation  to 

the  cultivation  of  Cotton....' 200 

An  Act  to  amend  and  renew  the  Charter  pf  the  Columbia  and  Ham- 
burg   Eailroad    Company,  to    change  the  name   thereof,  and   to 
produce  conformity  in  the  charters  granted  to  said  Company  by'' 
the  States  of  Georgia  and  South  Carolina 200 

An  Act  to  amend  the  Law  in  relation  to  the  General  Staff 200 

An  Act  to  grant  the  aid  of  the  State  to  the  Shelby  and  Broad  River 

Railroad   Company 210 

An  Act  to  establish  certain  Roads,  Bridges  and  Ferries 212 

An  Act  to  Incorporate  the  Chicora  Importing  and  Exporting  Compa- 
ny of  South  Carolina 214 

An  Act  in  relation  to  the  Southern  Express  Company,  and  to  provide 

Additional  Remedies  for  the  Defaults  of  Common  Carriers 215 

An  Act  to  amend  an  Act,  entitled  "  An  Act  to  increase  the  Fees  of 

Sheriffs  for  dieting  persons  confined  in  Jail" 216 

An  Act  to  refund  to  the  Soldiers'  Board  of  Relief  for  Marlboro'  Dis- 
trict money  advanced  by  them 217 

An  Act  to  extend  an  Act,  entitled  "  An  Act  to  continue  in  force  '  An 
Act  entitled  An  Act  to  authorize  certain  Building  and  Loan  As- 
sociations to  suspend  the  call  for  Monthly  Instalments,'  "  during 
the  present  war 218 

An  Act  to  authorize  the  Tax  Collectors  of  Beaufort  District  to  pay 
over  to  the  "  Soldiers'  Boards  of  Relief"  certain  funds  in  their 
hands , 218 

An  Act  to  alter  the  Law  in  relation  to  the   Election  of  District  Ofii- 

cers 219 

An  Act  to  alter  and  amend  the  Charter  of  the  Cheraw.and  Darling- 
ton Railroad  Company 219 

An  Act  to  incorporate  the  Charleston  Importing  and  Exporting  Com- 
pany   220 

An  Act  to  incorporate  the  Consolidated  Steamship  Company  of  Char- 
leston   222 


LIST  OF  ACTS. 

An  Act  to  Incorporate  certain  Religious  and  Charitable  Soc.  ito,  aiiti 
to  renew  and  amend  the  charters  of  others  heretofore  granied..... 

An  Act  to  amend  an  Act,  entitled  "An  Act  to  charter  the  Shelby 
and  Broad  River  Railroad" !:_ 

An  Act  to  Incorporate  the  Batesville  Manufacturing  Compau} 2-!u 

An  Act  to  Incorporate  the  Southern  Importing  and  Exportiiiix  Com- 
pany   --7 

An  Act  to  amend  the  Charter  of  the  Edisto  and  Ashley  Canal  Com- 
pany   22S 

An  Act  to  combine  the  Offices  of  the  Clerk  of  the  Court  of  Common 
Pleas  and  General  Sessions  and  Register  of  Mesne  Conveyances, 
for  Georgetown  District 229 

An  Act  to  amend  the  Charter  of  the  Carolina   Cotton  and  Woolen 

Factory 230 

An  Act  to  authorize  the  Clerk  of  the  Court  for  Marlborough   District 

to  draw  .Juries  for  the  next  term  of  the  Court  during  Vacation...  230 


y  - 


cO' 


OF  SOUTH  CAROLINA.  169 

ceased,  from  the  Commissioner  of  the  State  of  South  Carolina  for  the  sale    ^-  ^-  i^^^^'s. 
of  public  lots  in  the  City  of  Columbia,  be,  and  the  same  is  hereby,  vested  ^  '^ 

iu  Rose  Ann  Caniighan,  her  heirs  and  assigns  forever. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eijjht  hundred  and  sixty-three,  and  in  the  eighty- 
sevi'nth  year  ot  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  Fresidenf  of  (he  Senate. 

A.  P.  ALDRlCtI,  Speaker  House  of  Reprenf-ntatwes. 


AN    ACT   TO    AUTHORIZE    THE    BaNKS    OF    THIS    StATE    TO    PURCHASE  No.    4659. 
CO.N'FKDKRATE   AND    StATE    SECURITIES. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Roprcscntatives.  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same.  That  Maypurchase 
from  and  after  the  passing  of  this  Act,  it  shall  and  may  be  lawiul  for  the  srates'^sYock. 
banks  of  this  State  to  purchase  the  bonds  and  stock  issued  by  the  Con- 
federate Government,  or  by  any  of  the  States  of  the  Confederate  States  of 
America,  and  that  all  such  purchases  as  may  have  already  been  made  by 
any  of  the  said  banks  are  hereby  sanctioned  and  allowed. 

In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  I).  PORTER,  Prendent  of  the  Senate. 

A.   P.  ALDRECH,  Speaker  House  of  Repreaentatires. 


AN    ACT   TO    EXABLE  THE  ClLA-RLESTOX  SaVINGS'  INSTITUTION  TO  PUR-  No.  4660. 
CHASE  AND  HOLD  ReAL  PROPERTY- 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
and  sitting  in  General  Assembly,  and  by  the  authority  of  tho  same,  That 
the  Charleston  Savings'  Institution  shall  be,  and  the  said  corporation  is, 
hereby  authorized  to  purchase  and  hold  real  estate  within  the  Pari>ihes  of  Ma^  hold  real 
St.  Philip's  and  St.  Michael's,  to  an  amount  not  exceeding  sixty  thousand  P'^''P°">- 


170  STATUTES  AT  LARGE 

jD^sti2'63.    dollars;  and  the  sSnK*:  to  alieu,  from   time   to  time,  as  shall  be  deemed 
y""^      expedient. 

In  the  Senate  Houee,  the  eighteenth  day  of  December,  in  the  rear  of  our 
Lord  one  thousand  eight  bundred  nnd  sixty -two,  and  in  the  eighty- 
seventh  year  of  thi.!  sovereiguty  and  independence  of  the  State  of. 
South  Carolina- 

W.  D.   PORTER,  Preddtnt  of  the  Senate. 

A.  P.  ALDRIGH,  Speaker  House  of  Repreeentativet. 


No.  4661.     AN  ACT  to  continuk  of   force  an   Act,  entitled  "An  Act  to 

AUTHORIZE  CERTAIN    BUILDING  ANd'LoaN  ASSOCIATIONS  TO  SUSPEND 
THE   CALL    FOR   MONTHLY   INSTALMENTS." 

I.  Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives,  not  met 
Actof  iseiex-  ?'"^  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 
an  Act,  entitled  '*  An  Act  to  authorize  certain  Building  and  Loan  Associa- 
tions to  suspend  the  call  for  monthly  instalments,''  ratified  the  twenty  first 
day  of  December,,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-one,  be,  and  the  same  is,  hereby  continued  of  force  until  the  first  day 
of  January,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-four. 


tended. 


In  the  Senate  House,  the  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  the  sovereignty  and  independence  of  the  State  of 
youth  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  Hou^e  of  Hepre-ientatwes. 


No.  4662.     An  A.ct  to  amend  the  Charter  op  the  Bank  of  Charleston, 

South  Carolina. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  met 
^     '  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  same,  That 

Bank  may  pur-  „  ,      „  ,  j  i  j  j  7 

chase  bonds      from  and  after  the  passing  of  this  Act,  it  shall  and  may  be  lawful  for  the 

ana  stocks.  "^ 

Bank  of  Charleston,  South   Carolina,  to  purchase  the  bonds  and  stocks 


OF  SOUTH  CAROLINA.  171 

issued  by  the  Confedernte  Governirieutj  oi-  by  any  of  the  States  of  the     ^-  ^-  ^^s^- 
Confederate  States  of  ximerica.  '^■^''v"'^^ 

In  the  Senate  House,  tho  sixth  day  of  February,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
seventh  year  of  Ihj  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  I),  pouter;  Prtsidvat  of  tlw.  Senate. 

A.   P.  ALDRICII.   ASpcciA-er  IIoa>;«  of  ReprescDfativea. 


AN  ACT  TO   PROVIDE   roR,  Voluntekr  Companiks  of  Mounted  In-    No.  4C63. 

FANTRV,   AND    FOR   OTHER   PURPOSES. 

I.  Be  it  enacted  by  the  Seiiiate  and  House  of  Ropresenttitives,  now 
met  and  sitting  in  General  Assembly,  and  by  the  anthority  of  the 

same,  That  the  Governor  be,  and  ho  is  herel)y  authorized,  to  accept  Governor  to  ac- 
as  many  Volunteer  Companies  of  Mounted  Infantry  as  maybe  offered,  M.'uinteViu-'^*''^ 
to  consist  of  not  less  than  sixty-four  nor  more  than  one  hundred  men,  '    '^^' 
■exclusive  of  commissioned  officers,  who  shall  be  organised  by  him 
into  Battalions  or  Regiments  by  the  election  of  held  officers,  if  tho 
number  of  said  companies  be  sufficient  for  that  purpose;  and  said 
companies  shall  be  called  out  at  the  discretion  of  the  Governor,  to 
suppress  insurrections  or  to  repel  actual  or  threatened  raids  of  the 
enemy  within  this  State,  and  shall  bo  discharged  from  actual  service 
whenever,  in  his  judgment,  the  actual  necessity  for  such  service  has 
ceased. 

II.  That  for  the  purpose  of  suppressing  insurrections  and  repelling 

raids,  the  Governor  be,  and  he  is  hereby  authorized,  to  enroll  all  white  ^hoto  bo  ac- 
niale  pcx'sons  in  this  State  between  the  ages  of  eighteen  and  forty-  <5epted, 
tive  years,  including  all  persons  who  have  furnished  substitutes  in  Con- 
federate service,  resident  aliens,  and  other  persons  who  have  avoided 
Confederate  conscription  by  reason  of  any  civil  employment,  contract 
or  engagement,  and  excluding  all  who  have  been  declared  exempt  who  to  be  ex- 
from  actual  military  service  beyond  the  limits  of  the  Districts  in  which 
they  reside,  by  the  Act  of  the  General  Assembly,  entitled  "an  Act  for 
the  better  organization  of  the  Militia,  and  for  other  purposes,"  passed 
the  sixth  of  February,  eighteen  hundred  and  sixty-three,  and  also 
excluding  such  as  have  vjlunteered  or  may  volunteer  in  the  com- 


172  STATUTES  AT  LARGE 

A.  D.1863.  panies  of  Moantcd  Infantry  prov^'ded  for  by  the  first  section  of  this 
Govf-rnorto  ;,p--^^*'j  and  for  the  purpose  of  making  eaid  enrollment,  the  Governor  is 
officerf  Tnd '""  ^®^"®^y  authorized  to  appoint  one  Enrolling  Officer  in  each  Judicial 
Surgeons.  District  in  this  State,  and  as  many  Surgeons  as  may  be  necessary,  to 
examine  persons  claiming  exemption  from  service  on  the  ground  of 
Militia  officers  phvsical  disability,  and  the  Militia  officei'S  shall  report  lists  of  such 

to  report  per.     ■*     •'  t    i  i  i  ■ 

sons  liable.       persons  as  are  liable  to  be  enrolled  ae  aforesaid,  whenever  required. 

III.  Tliat  tlu!  etfective  men  so  enVoIled  shall   be  organized  into 
Orsaiiization  of  Companies.  Battalions,  and  as  many  liegiments  of  Infantry  as  thcv 

•jtlective  men.  -.  .'         '  i    i        •  ,       "', 

are  surncieqt  to  constitute,  and  be  placed  at  tlie  disposal  of  the  Gov- 
ernor for  the  purposes  aforesaid,  and  be  kept  in  the  field  so  long  as  he 
may  deem  the  same  to  be  liecessary  ibr  the  public  safety;  the  com- 
Eieotion  or  ap-pany  and  field-officers  to  be  elected  bv  the  men,  at  such  times  and 

pointment  of      •»■"'_       •  "  ' 

'Field  oftieera.  places  and  in  sucli  manner  as  the  Governor  may  direct,  and  on  a 
failure  to  elect  said  officei's  when  ordered,  they  shall  be  appointed  by 
the  Governor.  t         * 

IV.  That  the  Governor  be  also  authorized,  from  the  persons  en- 
orpnnization  of  rollcd  Under  the  second  section  of  this  Act,  to  organize  one  or  more 

Artillery. 

companies  of  artillery,  to  be  used  for  the  purposes  provided  for  b}'  the 

third  section 'of  this  Act. 

Powers  con-         V.  That  nothing  herein  contained  shall  be  construed  so  as  to  pre- 
ferred upon  the  i    ii       i-i  /•  •    •         .1  r-  1  1  •       T 

Governornotto  vent  tJic  LTO\;ernor  irom  exercising  the  powers  conierred  wpon  him  by 
eonstmeT.'^ic.  the  eighth  scction  of  the  Act  of  the  General  Assembly,  entftled  "An 
Act  for  the  better  organization  of  the  Militia,  and  for  other  purposes," 
passed  the  sixth  day  of  February,  eighteen  hundred  and  sixty-three, 
or  from  carrying  into  execution  any  of  the  provisions  of  said  Act 
which  are  Consistent  with  the  provisions  of  this  Act.  ^ 
Defaulters—  YI.  That  all  pcrsous  liable  to  perform  Military  service  under  the 

bieT  ''"""*  ''^'  provisions  of  this  Act,  and  who  shall  make  default  when  summoned, 
into  such  service,  shall  be  subject  to  the  pains  and  penalties  provided 
for  by  the  eleventh  section  of  the  Act  of  the  General  Assembly,  en- 
titled "An  Act  for  the  better  organization  of  t'he  Militia,  and  for  otiier 
purposes,"  passed  the  sixth  of  February,  eighteen  hundred  and  sixty- 
three,  to  be  imposed  by  a  court  martial,  appointed  ,by  the  Governor 
and  Commander-in-Chief.  ' 

Troops  subject      YH.  That  the  troops  called  into  service  bv  the  provisions  of  this 

to  ArUclea  of  ■'.*'' 

wa*-.  Act,  shall,  whilst  in  actual  service,  be  subje'ct  to  tlie  Articles  of  War 

and  Army  llegulations  of  the  Confederate  States  of  America,  and 

Pay  sind  allow-  shall  receive  the  same  ijay  and  allowance  as  Confederate  troops  of 

ance.  i  i 

the  same  class  are  entitled  to  receive. 


OF  .SOUTH  CAKOLLXA.  173 

VIII.  For  the  purpose  of  equipping  and  supplying  said   troops,     '^•^-  ^^^-^ 
while  in  actual  service,  the  sura  of  five  hundred  thousand  dollars  be,  .^    '^.  ^ 

'  i  '  Appropriation 

and  the  same  is  hei'eby  appropriated,  from  anv  monies  in  the  Treasury  for  equippm- 

•'      J-  i       i^  •■         ^  *     and  supplying 

not  otherwise  appropriated,  to  be  drawn  by  ti>e  Governor.  uoi^is. 

IX.  That  such  ^jersojis  and  emploj'ees  in  each  paper  mill  and  news-  E.-sonipnons 
paper  or  printing  establishment,  and  iron  manufactones,  as  the  Ad- 
jutant and  Inspector  General,  with  the  apjiroval  of  the  Governor,  may 

see  fit  to  exempt  from  time  to  time  from  military  sei~riee,  be  exempted. 

in  tlie  Seinito  House,  tho  thirtieth  day  of  Septcmbor,  in  the  vfar  of  our 
Lord  one  ihousurnl  eij^'ht  hundvinl  ami  .'-ixi.y-threc,  and  the  pighty- 
oighth  your  of  tho  sovereignty  -and  indi'ijendence  of  the  State  of 
South  Carolinn.  « 

W.  D.  P0RT1:R,  Fresident  of  the  ScncUc. 

A.  P.  ALDitlCH,  Speaker  House  of  Bepresentaiives. 


AN  ACT  TO  PROVIDK  FOR  THE  ElECTIOX  OF  .UeMBERS  OF  THE  COXGRESS     No.   4664. 
OF  THE  C0NFE1>ERATE  StAXES  OF  AMERICA  FROM  THIS  SXAXB. 

I.  Be  it  enacicd  by  the  Senate  and  House  of  Represi-ntatives,  now 
met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the 
^amc,  That  this  State  be,  and  hereby  is,  divided  into  six  Distj-icts,  for  ^^*^^  divided 

•  •■        •  '  into  ConuTco- 

the  purpose  of  electing;  Kepresentatives  fi'om  this  State  to  the  Con-  sionM Districts, 
gress  of  the  Confederate  States  of  America,  of  which  the  united  Dis- 
tricts of  Lancaster,  Chesterfield,  Marlboro',  I)arli?)gton,  Marioji,  "\Yil- 
•liamsbura:,  ITbrrv  and  Georgetown  shall  constitute  one  District,  to  be 
designated  the  First  Congressional  District;  the  District  of  Charles- ritst  Wstnct. 
ton,  exclusive  of  the  Parish  of  St.  John's,  Colleton,  sliall  constitute 
one  District,  to  be  designated  the  Second  CongressionAl  Disti-iet;  the  sec -md Distn.-.t, 
united  Districts  of  Beaufort.  Barnwell,  Orangeburg,  Colleton  and  the 
Parish  of  St.  John's,  Colleton,  shall  constitute  one  District,  to  be 
designated  the  Third  Congr^jssional  District;  the  united  Districts  of  Tiiird  Distnot. 
Lexington,  Edgefield,  IS'ewberiy,  Laurens  and  Abbeville,  shall  consti- 
tute one  District;  to  be  designated  the  Fourth  Congrcssiojial  District;  Fourth Disvnot. 
the  united  Districts  of  Andersoi^  Pickens,  Greenville,  Spartanburg 
and  Union,  stoII  constitute  one  District,  to  be  designated  the  Fifth  Fifih  District. 
Congressional  District;  the  united  Disti-icts  of  York,  Chester,  Fair- 
field, Richland,  Kershaw,  Clarendon  .Ind  Sumter,  !-hall  constitute  one 
District,  to  be  designated  the  Sixth  Cougressioual  District ;  and  each  Sixth  Diiihct. 


174 


STATUTES  AT  LAllGK 


A.  D.  1S63. 


•^ne  Represen- 
l.irives  to  tauli 
I.'istiict. 


Elections,  when 
II nd  at  what 
places  held. 


Elections  bi- 
euuallj-. 


Dnty  of  Mana- 
gers. 


VotPs,  how 
counted  and  un- 
nouuccd. 


Elections  in 
l)istricts  occu- 
pied by  the 
enemy,  ic. 


of  the  said  District?,  so  constituted,  shall  s^end  one  Representative  to 
the  House  of  Representatives  of  the  Confederate  States  of  America, 
who  shall  be  chosen  by  the  persons  qualified  to  vote  for  members  of 
thc^  House  of  Representatives  of  this  Htate. 

II.  That  the  election  of  Representatives  from  this  State  to  the  next 
Congress  shall  be  held  on  the  first  Tuesday  after  the  third  Monday  in 
October  next,  at  the  same  places,  and  be  conducted  by  the  same  man- 
agers, and  in  the  same  manner,  as  the  election  of  members  of  the 
State  l^egislature ;  and  the  person  vrho  shall  have  the  greatest  num- 
ber of  Yotfis  in  the  several  Districts  thus  constituted,  shall  be  the 
member  for  that  District  to  the  House  of  Representatives  in  thp  next 
Congress  of  »the  Confederate  States  of  Amei'ica  from  this  State. 

III.  That  the  election  of  members  of  the  House  of  Representatives 
of  the  Confederate  States  of  America  from  this  State,  after  the  next 
election,  shall  bo  held  biennially,  on  the  first  Tuesday  after  the  third 
Monday  in  October,  and  conducted  by  the  same  managers  and  in  the 
same  manner,  as  the  election  of  members  of  the  State  Legislature, 
and  the  person  having  the  greatest  number  of  votes  in  an,y  Congi'cs- 
sioual  District,  at  any  of  the  said  elections,  shall  be  the  Representa- 
tive of  that  District  in  the  Congress  of  the  Confederate  States  of 
America. 

IV.  That  the  votes,  -when  returned  to  Columbia  by  the  managers, 
(and  it  shall  be  their  duty  to  return  the  same.)  shall  bo  counted  by 
his  Excellency  tli^  Governor,  and  Commissioners  whom  he  maj'  call 
to  his  assistance,  on  tlu;  first  Monday  of  December  after  each  elec- 
tion, or  as  soon  thereatter  as  (wacticable,  and,  by  proclamation,  ho 
shall  announce  the  persons  elected,  as  by  law  formerly  provided.  ■ 

V.  That  when,  during  the  existing  war  between  the  Confederate 
States  of  Amc'-ica  and  the  United  States,  some  or  all  of  the  jflaces  of 
voting  in  any  Election  District  of  this  State  shall  be  occupied  or 
threatened  by  the  enemy,  so  that,  in  the  opinion  of  the  Executive 
authority  of  the  State,  elections  cannot  be  conducted  therein  with 
composure,  it  shall  be  competentfor  the  Executive  authority,  by  pro- 
clamation, to  give  notice  of  any  election  at  which  tha  voters  of  any 
of  the  said  Election  Districts  would,  in  a  condition  of  peace,  be  en- 
tiiJed  to  vote,  and  by  the  said  proclamation,  vvhich  sliall  be  published 
at  least  a  fortnight  before  the  day  fixed  for  any  of  the. said  elections, 
to  direct  in  Avliat  neighboring  Election  District  the  vot(Hrs  may  voto 
at  tliB  election,  and  at  what  places  therein,  and  how  and  by  whom 
the  election  shall  be  conducted,  and  how  and  when  and  where  the 
result  of  the  election  shall  be  ascertained  and  declared :  and  elections 
h'"*';!  under  th?  provic-ions  oi  3uch  prc^claraation  shsll  be-  3.&  valid  and 


Ot  .>?OrTn  CAROLINA.  ,  175 

effeelual  as  if  tbey  had  been  regularly  had  ,in  iho  Election  Distrids     A.  D.  isoa. 
80  occupied  or  threatened  by  the  enemy,  as  aforesaid.       .  "^  "" 

In  ihc  Senate  Hvuse,  the  thirtieth  clay  of  Peptemter,  in  thi^  yfnr  of  our 
Lord  one  thousand  eight  hundred  and  eixiy-threo,  and  the  f  isxhty- 
eii^hth  year  of  the  sovereignty  and  independence  of  the  Stute  of 
South  Ciirolina., 

W.  D.  rORTEH,  President  of  the.  Senate. 

A.  P."  AIjDRICH,  Sueahrr  Jfoiise  of  Represent aUvc-s, 


AN  ACT  TO  AMKND  AN  AcT,  "ENTITLEt)  "  An  AcT  TO  AMEND  'AN  AoT  TO      ,,        ,„  ,, 

•  No.  4005. 

obganize  and  surply  nkgro  labor  for  coast  defence,  in  compli- 
ance with  requisitions  op  ^he  government  of  the  confederate 
States/  and  to  autiIorize  .v»'d  direct  the  Governor  to  I'uoceed 

TO  FURNISH  negro  LABOR  UNDER  SAID  AcT."        '  * 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  Penalty  for  ne- 

^      •   ^-  ■       r^  i     *  i  i  i    i         ■»  .#     •  rt     ,       elector  refusid 

met  and  sitting  in  General  Assembly  and  by  the  autlfority  of  the  to. •send  slaves, 
same,  That  so  much  of  an  Act,  entitled  "An  Act  to  ororauize  and 
supply  negro  labor  for  coast  defence,  in  compliance  with  requisition.s 

of  the  Government  of  the  Confederate  States,"  and  of  the  Act  amend- 

• 

ing  said  Act,  passed  on  the  sixth  day  of  February,  one  thousand  eip;ht 
hundred  and  sixty-three,  as  fi^es  the  fines  and  penalties  in  eases  of 
neglect  and  refusal  to  send  slaves  aceording  to  the  ref[uiremenls  of  said 
Acts,  be  and  the  same  is  hereby  repealed,  so.fai*  a^  may  apply  to  any 
future  defaults,  and  it  is  hei'ebybnactcd"  that  such  neglect  or  refusal 
to  send  a  slave  or  slaves,  according  to  the  requirements  of  ^aid  Act, 
shall  be  deemed  a  misdemeanor,  punishable  liy  indictment  in  tiie 
Court  of  General  Sessions,  and,  upon  conviction  thereof,  tjie  ownei- 
or  employer  shall  be  lined  in  ilk)  sum  oftwo  hundred  dollars  for  eaeli 
slave  which  he  or  she  has  so  neglected  or  recused  to  .^end. 
'      II.  That  it  shall  be  the  duty  of  the  Commissioners  of  Roads,  and  commissioners 

''  0  '  ofRofids,  and 

the  corporate  authorities  of  cities,  towns  and  villaoes,  to  make  return,  other corponito 

'  '  »     ^  authonries.  to 

under  oath,  of  all  future  defaulters  under  the  Acts  aforesaid,  to  some  return dcfaui- 

'  _  '  tors. 

magistrate  in  the  district  in  which  defaulf  shall  be  made,  and  such 
magistrate,  upon  such  return,  is  hereby  required  to  issue  his  warrant 
or  waiTants  against  such  defaulters  as  for  misdemeanor. 


176  .  STATrTES  AT   J.XV^iK 

A.  D.  1863.  ixi.  Thut  whenever  a  requisition  shall  be  made  on  any  district, 
im  resstnent  P'^^''^^^'  ^''^^7  ^*^"  incorporated  town  or  vilhvge,  b}-  the  State  Agent,  for 
of  Free  persons  a  supply  of  slave  lubor,  under  tlie  provisions  of  the  Act  aforesaid,  it 

of  color.  1  1.    »'  1  7 

shall  be  the  dut}'  of  the  Commissioners  of  Eoads  of  said  district  or 
parish,  or  corporate  authorities  of  such  city,  {own  or  village,  to 
impress  and  forwai'd,  under. such  requisition,  all  able-bodied  mule  free 
persons  of  color,  who  are  betAvcen  the  ages  of  sixteen  and  fifty  years, 
who  shall  be  required  to  labor  for  the'  same  term  as  the  slaves  sent  from 
siK'h  district,  parish,  cify,  incorporated  tgwn  or  Village,  and  be  entitled 
to  receive  tlio  same  compen.'^atiou  allowed  fur  the  services  of  such 
Proportion  of    Riaves :  Pvovidcd,  That  it  shall  be  the  dutv  of  the  Oommissioners  of 

r  ree  persiiii.s  ot  f  •■  ' 

r^''f''i?  '^r  ^*'"   i^oads  in  each  district  and   parish,  and  Hie  corporate  authorities  of 

loftca  hy  lot.  r^  '  1  ... 

each  ^.itv,  town  or  village,  to  select,  by  lot,  the  same  projiortion  of 
laborers  from  this  class  as  may  be  ordered  in  the  assessment  of  slave 
laboi',  and  that  those  selected  to  perform  this  duty  shall  'not  again  be 
selected  until  the  call  has  b6en  fnade  on  all  free  negroes  in  their  see- 

Siibstimt<>s.       riou :  And  provided,,  also,  That  the  privilege  of  furnishing  an  able- 
bodied  substitute  shall  be  extended  to  all  such  free  negroes. 

dcfaui't^r«°^''  That  the  Commissioners  of  R(^ds,  in  their  respective  districts 

and  •parishes,  an'd  the  corporate  authorities  of  cities,  towns  and  vil- 
lages, shall,  at  the  ensuing  Fall  Terms  of  the  Courts  of  Common 
Pleas,  or  astBoon  thci-eafter  as  practicable,  bring  sui1:s  against  all 
defaulters  for  not  sending  their  road  hands  to  work  on  the  defences 
near. Charleston,  aP^called  for  by  the  State  Agent,  in  pursuance  of  the 
Acts  of  Assembly  on  that  subjoet*  to  recover  the  fines  prescribed  by 
srtid" statutes,  and  shall  not  be  estoppe'd  theretrora  by  reason  of  any 
provision  cont;«iiied  in  the  Act  of  Assembly,  entitled  "An  Act  to  con- 
tinue in  force  an  '^ct  to  extend  relict  .to  debtors,  and'  to  prevent  the 
sacritiee  of  property  at  public  sales,"  passed  the  sixth  dny  of  JFebruary, 
one  tho.usand  eighi  huiulred  and  sixty-throe,  nor  by  the  ]>i'Ovisions 
of  this  Act. 

Y.  That  the  negro  labor  heroin  provided  for  shall  be  liable  for  the 
construction  of  miiitarv  defences  in  any  other  poi'tion  of  the  Stato 
that  niay  be  threatened  by  the  enemy^ 

In-thp  SeTiato  fiouse,  t^o  thirtieth  day  of- Scptembor,  in  the  year  of  OTir 
Lord  one  thousaiid  eight  hundred  and  sixty-three,  and  the  t'i,tchty- 
eighth  year  of  the  sovereignty  ixnd  independcnee  of  the  State  of  South 
Carolina. 

W.  .D.  PORT.ER,  Fresident  of  the  Senate. 

A.  A.  AL'DEIdll,  Speaker  JJoxlsp.  of  Bcpresentativcs. 


OF  SOUTH  CAROLINA,  17: 

A. D. 1863. 


AN  ACT  TO  Prevent  Desertion  from  Confederate  or  S^ate  Mili- 
TARY  Service,  and  Evasion  of  Conscription. 

I.  Be  it  enacted  by  the  Senate  and  House    of  Eepresentatives,  now  Arrest  of  deser- 
met  and  sitting  in  General  Assembly,  and  hj  the  authorit}^  of  the 

same,  That  upon  the  lodging  of  information,  on  oath,  with  the  Sheriif 
of  any  district  in  this  State,  (or,  in  liis  absence,  with  the  Deputy 
Sheriff),  that  any  deserter  from  Confederate  or  State  military  service, 
or  evader  of  conscription  or  draft  for  service  within  this  State,  is 
within  the  limits  of  such  district,  it  shall  be  the  duty  of  such  Sheriff 
(or,  in  his  absence,  the  Deputy  Sheriff,)  to  arrest  such  deserter  or 
evador  of  conscription,  so  reported  to  him  ;  and  for  that  purpose,  if 
necessary,  to  summon  to  his  aid  the  jyosse  comitatus;  and  to  hold 
the  person  so  arrested  in  safe  custodj^  until  delivered  to  the  Enroll- 
ing Officer  of  the  district,  or  other  person  authorized  to  receive 
him.  f 

II.  That  if  any  Sheriff,  or  Deputy  Sheriff,  shall  refuse  or  wilfully  sheriffs  indict- 

*'  •  '  ^      •'  .  •■    able  for  neglect 

neglect  to  arrest  an}-  person  so  reported  to  him  as  a  deserter  or  evader  to  arrest. 
of  (jonscription  or  draft  for  service  within  this  State,  he  shall  be  liable 
to  indictment  as  for  neglect  of  duty ;  and,  upon  conviction,  shall  be 
fined  in  the  discretion  of  the  Court,  not  exceeding  one  thousand  dol- 
lars for  each  and  every  offence. 

III.  That  it  shall  be  unlawful  for  any  person  to  advise,  encourage.  Penalty  for  aid- 

,  ,  .  .     ,       n  ^i"*?  "''  "betting 

procure  or  entice  a  soldier  to  desert  from  the  service  of  the  State,  or  desertion. 
of  the  Confederate  States,  or  a  conscript  to  evade  his  militaiy  obliga- 
tion, or  to  harbor  or  conceal,  or  aid  in  harboring  or  concealing,  an^^ 
such  deserter  or  evader  of  conscription.  And  if  any  person  shall 
advise,  encourage,  procure  or  entice  any  soldier  to  desert  from  the 
sen'ice  of  the  State  or  of  the  Confederate  States,  or  a  conscript  or  a 
person  liable  to  conscription  to  evade  his  military  obligation,  or  shall 
harbor  or  conccaJ,  or  aid  in  harboring  or  concealing,  any  such  deser- 
ter or  evader  of  conscription,  knowing  him  to  be  such,  or  shall  refuse 
to  deliver  up  such  deserter  oi"  evader  of  consci'iption  to  the  Sheriff",  or 
to  any  person  authorized  by  the  State  or  Confederate  military  author- 
ity to  effect  his  arrest,  such  j^erson,  so  offending,  shall  be  liable  to  in-  , 
dictment  as  for  a  high  misdemeanor,  and,  upon  conviction,  shall  be 
fined  not  exceeding  five  hundred  dollars,  and  be  imprisoned,  not  ex- 


23 


178  rfTATUTES  AT  LAliC  b^ 

v" '    '     ""^     ceeding  one  year,  in  any  jail  in  tlie  State  Avhere  the  imprison raeut  of 
the  person  ^0  convicted  shall  be  ordered  by  the  Court. 

In  the  Senate  House,  the  thirtieth  day  of  September,  in  tho  year  of  our 
Lord  ono  thousand  eight  hundred  and  sixty-three,  and  the  nighty- 
eighth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

W.  D.  POETEE,  President  of  the  "Senate. 

A.  P.  ALDEICII,  Speaker  House  of  Representatives. 


No  4667    '^■^  ACT  to  uaise  Supplii^  for  the  year  commencing  in  October,. 

ONE  THOUSAND  EIGHT   HUNDRED  AND  SIXTY  THREE. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives,  irow 
met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the 
same,  That  a  tax  for  the  sums,  and  in  the  manner  hereinafter  men- 
tioned, shall  be  raised  and  paid  into  the  Treasury  of  this  State,  for 
the  use  and  i^eryice  thereof,  that  is  to  say :  Two  dollars  and  ninety- 
Lands,  thre'e  cents  dd  valorem  on  every  hundred  dollars  of  the  value  of  all 
lands  granted  in  this  State,  according  to  the  existing  classification,  as 
gjj^  ^^  heretofore  established  ;  two  dollars  and  eightj'-four  cents  per  head  ou- 
all  slaves :  Provided,  That  all  lands  or  slaves  in  this  State,  now  m 
possession  or  under  the  control  of  the  enemy,  and  such  other  lands  or 
slaves  as  may  be  taken  bj^  the  enemy  before  the  return  of  the  said 
property  to  the  Tax  Collector,  and  also  such  other  lands  as  shall  have 
been  abandoned  by  the  owners  in  consequence  of  the  action  of  the 
military  authox'ities,  shall  be  exempt  by  the  provisions  of  this  Act ; 
six  dollars  and  seventy-five  cents  on  each  free  negro,  mulatto,  or' 
mestizo,  between  the  ages  of  fifteen  arid  fifty  j^ears,  except  such  as 
shall  clearly  be  proved  to  the  satisfaction  of  the  Collector  to  be  inca- 
pable, from  wounds  or  otherwise,  of  procuring  a  livelihood,  and  except  - 
those  who  now  aat,  or  have  at  any  time  been,  in  the  seiTice  of  the 
army  of  this  State  or  of  the  Confederate  States,  in  the  existing  war ; 
Lots,  lands  and  eighty-eight  cents  a(^  valorem  on  every  hundred  dollars  of  the  value  of 
buildings.  ^^jj  j^^^^  lands,  and  buildings  within  any  city,  town,  village,  pr  borough 
of  this  State  :  Provided,  That  the  tax  on  lands  and  bviildinffs  in  the 


OF  SOUTH  CAROLINA.  170 

city  of  Charleston  be  assessed  on  the  vaiuc  of  the  lands  only,  where  ^■^-  ^^*'"- 
the  buildings  and  improvements  oa  the  land  have  been  destroyed  by 
the  late  conflagration  ;  and,  j^rovided  further,  That  no  tax  shall  be  levied 
on  lots,  lands  and  buildings  within  any  city,  town,  village,  or  borough 
in  this  State  which  have  passed  into  the  possession  or  under  the  con- 
trol of  the  enemy,  or  which  may  pass  into  the  possession  or  under  the 
control  of  ihe  enemy  before  returns  are  made  to  the  tax  collectors ; 
lour  dollars  per  hundred  dollars  on  factorai'e,  employments,  faculties,  Factorage,  e>r- 

1  •"'»''  '  pioytnents,  and 

and  professions,  including  the  profession  of  dertistry,  and  including  wesirois*"^ 
herein  Clerks  of  Courts  of  Common  Pleas  and  General  Sessions, 
Sheritfs,  Master.s  and  Commissioners  in  Equity,  Registers  in  Equity, 
Registers  of  Mesne  Conveyance,  Ordinaries,  and  Coroners,  whether 
in  the  profession  and  employment  of  law  or  equity,  the  profits  to  be 
derived  from  the  costs  of  suit,  fees,  or  other  sources  of  professional 
income,  except  clergymen,  school  masters,  school  mistresses,  and 
mechanics;  four  dollars  on  every  hundred  dollars  on  the  amount  of  Commissious. 
commissions  received  by  vendue  masters  and  commission  merchants ; 
one  dollar  and  sixty  cents  per  hundred  dollars  on  the  capital  stock  Bank  stock. 
paid  in  on  the  tirst  of  October,  one  thousand  eight  hundred  and  sixty- 
three,  of  all  bapks  which  for  tiicir  present  chai'tei*s  have  not  paid  a 
bonus  to  the  State,  which  said  bank  tax  the  stockli older,  when  he  or 
she  resides  within  the  State,  shall  have  the  right  to  pay  to  the  Tax 
Collector  of  the  district  or  parish  where  such  stockholder  resides,  by 
paying  tb»  same  on  or  before  the  tirst  <lay  of  June  next,  and  forward- 
ing a  duplicate  receipt  of  such  payment  to  the  President  of  such 
bank ;  and  in  case  an}^  stockholder  resides  without  the  State,  the  tax 
on  the  stock  of  such  stockholdei*  shall  be  paid  to  the  tax  collector  of 
the  district  or  parish  where  the  bank  is  located  ;  .three  dollars  and 
twenty  cents  per  hundred  dollars  on  the  capital  stock  of  any  bank  of 
issue  not  incorporated  by  this  State,  paid  in  on  the  first  day  of  October, 
one  ihousand  eight  hundred  and  sixty-three,  doing  business  by  agents 
within  the  limits  of  tliis  State ;  one  dollar  and  sixty  cents  per  hundred  Gas  light,  im- 

•  •'  ^  .  portingjEzporfc- 

doUars  on  the  capital  stock  of  all  incorporated  gas-light  companies  ; '"?.  Express 

•  *■  '  o  o  J.  /  j„T((  insurance 

.one  dollar  and  sixty  cents  per  hundred  dollars  on  tlie  capital  stock  of  companies, 
all  incorporated  importing  and  exporting  companies;  also,  all  incor- 
porated ai^  unincorporated  express  companies;  six  per  centum  on  all 
premiums  taken  in  this  State  by  incorporated  insurance  companies, 
and  by  the  agencies  in  this  State  acting  in  behalf  <5f  insurance  com- 
panies and  underwriters  without  the  limits  of  this  State ;  eighty-eight  ^"chand^r  * 
cents  on  every  hundred  dollars  of  the  amount  of  sales  of  goods,  wares 
and  merchandize,  embracing  all  articles  of  ti'ado  for  sale,  barter,  or 


180  STATUTES  AT  LARGE 

A.  D.  1863.  exchange,  (the  products  of  this  State  and  the  unmanufactured  pro- 
""^^''^  ducts  of  any  of  the  States  of  the  Confederate  States  excepted.)  which 
any  person  shall  have  made  from  the  first  day  of  January,  in  the  year 
of  our  Lord  one  thouaand  eight  hundred  and  sixty-three,  to  the  first 
day  of  January,  in  the  ytf^ar  of  our  Lord  one  thousand  eight  hundred 
and  sixty-four,  either  on  liis,  her,  or  their  capital,  or  borrowed  capital, 
or  on  account  of  any  j^erson  or  persons  as  agent,  attorney,  or  con- 
Transient  mer-  sip-nee  ;  three  dollars  and  sixty  cents  upon  every  hundred  dollars  of 

chandize.  ,  ^  i  J 

the   amount  of  sales  of  goods,   wares  and   merchandize   whatever, 
which  any  ti-ansient  person  not  resident  in  this  State  shall  make  in 
any  house,  stall,  or  public  place,  whether  the  said  sale  be  made  by 
Exhibitions,      sample  Or  otherwise ;  forty  dollars  a  day  on  all  circus  exhibitions ; 
twenty  dollars  per  day  for  representing  publicly  for  gain  and  reward 
any  play,  comedy,  tragedy,  interlude,  or  farce,  or  other  employment 
of  the  stage,  or  any  part  therein,  or  for  exhibiting  wax  figures,  or  other 
shows  of  any  kind  whatever,  to  be  paid  into  the  hands  of  the  Clerks 
of  the  Courts  respectively,  who  shall  be  bound  to  pay  the  same  into 
the  Treasuries  of'  the  State  of  South  Carolina,  except  in  cases  where 
the  same  is  now  required  by  law  to  be  j)aid  to  corporations  or  other- 
Moneys  inves-  -^vige ;  four-tenths  of  one  per  cent,  on  all  moneys  loaned,  moneys  at 
interest,  all  moneys' invested  in  the  stocks  or  bonds  of  any  individual. 
State,  or  corporation,  other  than  bonds  or  stocks  of  this  State  or  of 
the  Confederate  States,  and  other  than  the  stocks  of  the  banks  and 
Commercial      railroad  companies  of  this  State; 'six  dollars  for  every  hftndred  dol- 
.  °         '  lars  of  gross  receipts  of  all  commercial  agencies  within  the  limits  of 

Cards  and  Bii-  this  State  ;  fifty -two  cents  on  every  pack  of  pl'aying  cards  sold  in  this 
State;  sixty  dollars  upon  every  biltiard  table  within  this  State,  used 
Salaries.  to  and  for  the  purpose  of.  raising  a  revenue  therefrom ;  four  dollars 

on  the  hundred  dollars  of  all  salaries,  including  public  oflicers,  except 
officers  of  the  army  and  navy,  and  on  all  wages  from  whatever  source 
derived,  except  wages  of  five  hundred  dollars  or  less  per  ^nnum. 
Taxes,  to  whom      II.  All  taxos  levied  on  property,  as  prescribed  in  the  first  section 
paya  e.  ^^  ^^^.^  ^^^^  shall  be  paid  to  the  tax  collector  for  the  tax  district  an 

which  said  property  is  located :  Provided,  That  where  negroes  have 
been  removed  from  any  district  or  parish,  by  reason  of  the  dangers 
arising  from  the  invasion  or  occupation  thereof  by  the  en^iy,  it  shall 
be  lawful  to  pay  the  taxes  upon  the  same  to  the  tax  collectors  of  the 
districts  or  parishes  from  which  said  negroes  were  removed.  That 
all- taxes  levied  on  property  in  this  State,  during  the  continuance  of 
the  war  between  the  Confederate  and  the  United  States  of  America, 

Commissions  of  ^  >     ,  i  r^         ^  n^^ 

Tax  Collectors,  may  be  paid  in  Confederate  notes  or  other  current  lunds.     I  he  com- 


OF  SOUTH  CAKOLLVA.  181 

missions  to  be  received  by  the  various  tax  collectors  of  this  State  for     a-  d-  "m. 
the  year  commencing  on  the  first  day  of  October,  one  thousand  eight    '""  ^^T^^ 
liundred  and  sixty-three,  shall  be  at  the  rate  of  thirty  per  centum  of 
the  commissions  now  alloAvcd  them  by  law,  except  such  districts  and 
parishics'as  pay*an  amount  less  than  eight  hundred  dollars  to  the  col- 
lector. 

III.  The  tax  collectors    in    the  several  districts  and  parishes  in  ^,"i?,'i^''Jf^'-'*'''^ 
this  State,  in  their  returns  hereafter  to  be  made,  ai-e  hereby  required 

and  enjoined  to  state  the  precise  amounts  of  taxes  collected  by  them, 
for  supporting  the  police  of  the  said  several  districts  and  ])arishes 
aforesaid,  stating /the  rates  per  centum  on  the  amounts  of  the  State 
tax  collected  fo^'Wid  district  and  parish  police  purposes,  and  the 
total  amount  of  commissions  received  by  each  and  every  of  such  tax* 
collectors,  and  the  rate  per  centum  of  his  commissions;  and  the 
Comptroller  General  shall  reKlirn  the  same  in  his  report. 

IV.  Free  neffroes,  mulattoes  and  mestizoes  are  hereby  required  to  Returns  of  free 

ucgroes. 

make  their  returns  and  pay  (^hcir  taxes  during  the  month  of  April; 
and  the  tax  collector  of  St.  Philip's  and  St.  Michael's  is  allowed 
until  the  month  of  June  to  receive  the  taxes  of  Avhite  persons. 

V.  *rhe  lots  and  hoqses  on  Sullivan's  Island  t^hall  be  freed  from  Suiiivan's  is- 

i      •  ,1  •    ,  •  I     >  1       /-.       ^    t         .  1    .1       land  cienipted. 

taxation  dunng  the  existing  war  between  the  Confederate  and  the 
United  States  of  America,  the  same  being  used  by  the  troops  of  the 
Confederate  States,  oj-  by  the  works  for  defence. 

VI.  That  the  tax  collectors  be 'authorized  to  extend  the  time  for  Time  of  noiioc- 
tho  receipt,  and  also  for  the  payment  of  taxes,  and  also  for  the  pay-  '°"®*^'*  •^"• 
ment  thereof  into  tlfe  Treasury  of  this  State*  for  a  period  of  thirty 

days  be}T>nd  the  peuiods  therefor,  hitherto  allowed  hy  law. 

In  the  Senate  Hou.so.  the  seventeenth  day  of  Deoember,  in  the  year  of  our 
h0rA  one  thousand  eight  hundred  and  sixty-three,  and  the  eighty- 
♦     eighth  3'ear  of  the  sovereignty  and  indepcndunco  of  the  State  of 
South  Carolina. 

•       W.  D.  PORTER,  President  of  the  Senate. 
*       A.  P.  •ALDftlCH,  Sj)eaker  Home  of  Representatives. 


182  STATUTES  AT  LARGE 


No.  4668. 


AN    ACT    TO     MAKE    ApPKOPRIATIONS    for  the    YEAil    COMMENCING  IN 

October,  one  thousand  eight  iiundbed  and  sixty-three. 

I.  Be  it  eiiocted  by  the  Senate  and  House  of  Eepresentatives,  hoav 
met  and  sitting  in  General  Assembly,  and  b.y  the  authoritj'  of  the 
same.  That  the  following  sums  be,  and  they  are  hereb}^,  appropriated 
for  the  payment  of  the  yarious  officers  and  esjjenses  of  the  ^tate 
Executive  De-  Government,  chat  is  to  say:  In  the  Executive  Department:  For  the 
salaiy  of  tlie  Governor,  three  thousand  five  hundred  dollars;  for  the 
Private  Secretary  of  the  Governorj  fifteen  hundred  dollars;  for  the 
rent  of  the  Governor's  house  in  Columbia,  twclva  hundred  dollars; 
for  the  Messenger  of  the  Governor,  two  hundred  ajjd  tilt}-  dollars;  for 
•the  Contingent  Fund  of  the  Executive  Department,  ten  thousand  dol- 
lars, to  be  subject  to  tlie  draft  of  the  Governor,  and  to  be  accounted 
for,  annuarll}-,  by  him  to  the  Legislature 
Legislative  de-  II.  In  the  Legislative  Department :  For  the  pay  of  the  members 
pai  men .  ^^  ^^^^  Legislature,  and  the  Attorney  General  and  the  Solicitors, 
during  the  present  session,  and  of  the  Committees'  appointed  to  in- 
spect the  Bank  of  the  State,  and  its  Branches,  twenty-five  thousand 
dollarSj  if  so. much  \)e  necessary  ;  for  the  salaries  of  the  Clerks  of  the 
Sbnate  and  House  of  Eepresentatives,  twenty -four  hundred  dollars ; 
and  to  the  said  Clerks  for  the  services  of  two  Assistant  Clerks,  two 
hundred  and  fifty  dollars  for  the  Clerk  of  the  Senate,  and  t-^o  hun- 
dred and  fifty  dollars  for  the  Clerk  of  the  House;  for  the  salaries  of 
two  Messengers  and  two  Doorkeepers,  each  tw^o  hundred  and  fifty 
dollars;  for  C.  M.  Gray,  Doorkeeper  oi  theHoune  of  Representatives, ' 
fift}'  dollars,  being  the  additional  pay  allowed  J^im  by  resdiution  for 
liis  services;  for  additional  pay  to  tiie  Doorkeeper  of  tlie  Senate,  J. 
D.  Gaillard,  fifty  dollars,  allowed  him  by  resolution  for  his  services,  to 
be  paid  at  the  adjournment  of  the  Legislature  ;  for  th#salary  of  the 
Keeper  of  the  State  House,  and  Librarian,  seven  hundred  dollars ;  for 
the  salaries  of  the  Heading  Clerks  of  the  Senate  and  House  of  Re- 
presentatives, each  two  hundred  and  fifty  dollars ;  for  J.  C.  Kennedy, 
Reading  Clerk  of  the  Senate,  fifty  dolj(firs  ia^ditional  pfy,  as  agreed 
to  by  resolution ;  for  extra  services  of  the  Messi^ger  of  the  Senate, 
and  for  extra  services  of  the  Messenger  of  the  House,  each  fift}^  dol- 
lars, to  be  paid  at  the  end  of  the  session  ;  for  the  services  of  the  En- 
grossing Clerks,  to  be  paid  under  the  direction  of  the  President  of  the 
Senate  and  of  the  Speaker  of  the  Hotse  of  Representatives,  six  hun- 
dred dollars ;  for  the  Printers  of  the  Senate  and  House  of  Represen- 
tatives, in  pursuance  of  the  contracts  made  by  theCommitteesof  both 


OF  SOUTH  CAROLINA.  IJ^-i 

Hoases,  fourteen  thousand  dollars,  if  so  much  be  necessary,  for  the  ^^«J>-^863^ 
printing  executed  by  the  sfiid  Printers  during  the  present  session  of 
the  Legislature,  the  same  to  Tdc  paid  to  them  as  soon  at  the  amounts 
of  said  contracts  shall  be  ascertained  bj'  the  Treasurer  of  the  Upper 
Division  ;  for  the  Printgr,  for  printing  in  pamphlet  form,  tho  Acts  and 
Journals  of  both  Houses,  Eeports  and  Resolutions  agreed  to,  the  (tOv- 
ernor's  Messages,  Eeports  of  the  President  of  the  Bank  and  Comp- 
troller General,  with  the  accompanying  documents,  thirteen  thousand 
dollars,  if  so  nftich  be  necessary:  Prodded, '£he  number  of  copies 
speeitied  in  the  proposals  of  the  Printers,  as  acce^lted  by  the  Legisla- 
ture, shall  be  printed  and  deposited  in  the  t)fiicc  of  the  Treasury  of 
the  Upper  Division,  before  the  20th  of  April  next,  and  the  amount  to  ' 
be  paid  accoraing  to  the  proposals,  which  shall  be  ascertained  by  the 
Treasurer  aforesaid  :  And,  further  provided,  That  the  printer  of  Acts 
and  Journals,  do  publiaii,  in  his  newspaper,  at  Columbia,  all  the 
pulilio  Acts  whiA  maj-  be  passed  at  the  present  session,  within 
twenty  days  after  tho  adjournment  of  the  Legislature,  and  forward, 
b}""  mail,  to  each  member  of  the  General  Assembly,  each  of  the  Judges, 
Attorney  General,  and  each  of  the  Solicitors,  a  copy  of  such  news- 
paper, as  soon  as  such  newspaper  is  issued;  to  Charles  P.  Pelham, 
printer  of  the  Permanent  Work,  to  pay  hini  the  balance  due  for  pub- 
lic printing,  eight  thousand  dollars^ if  so  much  be  necessary;  four 
hundred  and  fifty  doll^irs,  if  so  mucli  be  notessary,  for  the  printing 
of  the  Senate,  at  the  exti'a  session  ;  to  the  KJeeper  of  the  State  House, 
ibr  contingent  expenses  during  the  present  session  of  the  Legislature, 
twelve  hundred  dollars,  if  £<t)  much  be  necessary-,  to  be  accounted  for 
by  him  at  the  Treasury,  and  reported  by  the  Treitsarer  to  the  General 
Assembly ;  for-  stationery,  fuel,  distributing  Acts,  and  expenses  for 
election  returns,  seven  thousand  dollars,  if  so  much  be  necessary. 

III.  In   the  Judiciary  Department:  For  the  salary  of  the  Chief  Judiciary  de^- 

•'  ^  ''  partment. 

.lustice,  three  thousand  five  hundred  dollars;  for  the  salaries  of  the 
Judges  and  Chancellors,  three  thousand  dollars  each;  for  the  salary 
■of  the  Attorney  Genei^,  eleven  hundred  dollars;  for  the  sjilaries  of 
■five  Solicitors,  ninfe  hundred  dollars  each;  for  the  Clerk  of  the  Court 
■of  Appeals,  in  Columbia,  six  hundred  dollars;  for  the  salary  of  the 
Messenger  of  the  said  Court,  at  Columbia,  two  hundred  dollars:  Pro- 
vided, It  shall  be  ^c  duty  of  the  said  Messenger  to  summon  all  mem- 
bers of  the  bar,  who  are  members  of  the  Legislature,  when  their 
cases  may  be  called  for  trial ;  for  the  salary  of  the  Librarian  of  the 
Court  of  Appeals,  in  Columbia,  two  hundred  dollars,  the  same  to  in- 
clude the  exj^ense'^  of  fuel  for  the  Court  of  Appeals  and  for  the  lahra- 


384  STATUTES   AT  J. ARC E 

A,  D.  1863.  rj';  for  tlie  salary  of  the  Clerk  of  the  Court  of  Appeals,  in  Charles- 
^-"—Y^—^  ^0ji^  gjx  hundred  doiUirs  j  for  the  salary  of  the  Messenger  of  the  said 
Court,  two  liundred  dollars ;  for  the  salary  of  the  Librarian  of  the 
Court  of  Appeals,  in  Charleston,  two  hundred  dollars,  to  include  the 
expense  of  fuel  for  the  Court  of  Appeals  and  for  the  Library ;  for  the 
salarj'  of  the. State  Reporter,  fifteen  hundred  dollars;  and  the  several 
appropriations  aforesaid,  for  the  Clerks,  Librarians,  Messengers,  Re- 
porter, and  lor  the  incidental  expenses  of  the  Court  of  Appeals,  shall 
be  paid  b}'  the  Treasurer,  only  upon  warrant  to  be  dfrawn  by  the  pre- 
siding Judge  of  the  Court  of  Appeals,  at  such  times  and  for  such  por- 
tions as  they  may  deem  just  and  proper;  and  it  shall  be  the  duty  of 
•  the  said  RejDorter  to  attend  in  person,  or  'by  deputy,  the  sittings  of 
the  Courts  of  Appeals  and  Errors,  in  Columbia  and  Charleston,  and 
to  report  such  arguments  and  statements  of  facts  as  may  be  aecessary 
to  a  correct  understanding  of  the  decision^  of  the  said  Courts  :  Fro- 
vided,  That  the  Judges  of  the  Court  of  Appeals  tnay,  if  they  think 
proper,  announce  the  results  of  their  decisions  at  certain  stated  2)eriods 
before  filing  their  opinions;  And,  further  provided,  That  the  said  Re- 
porter shall  publish  in  one  or  more  of  the  newspaj)ers  at  .Columbia, 
an  abstract  of  the  principles  decided  by  the  Court  of  Appeals  in  its 
opinions,  as  soon  as  practicable  after  the  delivery  of  the  same;  for  the 
pay  of  the  Jurors  and  Constables,  ten  thousand  dollars,  if  so  much  be 
necessary,  the  certificates  to  be^j)aid  at  either  Treasury. 
Treasury  Be-  1^-  ^^  the  Treasuiy  Department :  For  the  salary  of  the  Comp- 
troller G^eneral,  two  thousand  doUai's ;  for  the  salary  of  the  Clerk  of 
the  Comptroller  General,  one  thous;\jid  dollars,  the  said  Clerk  to  be 
appointed  and  removed  at  the  pleasure  of  th«  Comptroller  General  ;- 
for  tlie  salary  of  the  Treasurer  of  the  Lower  Division,  and  for  Clerk 
hire,  two  thousand  dollars;  for  the  salary  of  the  Treasurer  of  the 
Upper  Division,  and  for  clerk  hii-e,  sixteen  hundred  dollars ;  for  the 
Assessor  of  St.  Philip's  and  St.  Michael's,  for  making  out  and  affixing 
assessments  of  each  return,  one  thousand  dollars;  for  the  services  of 
the  Comptroller  General  for  copying  tax-boq|ks,  two  hundred  dollars; 
and  for  additional  compensation  to  the  Treasurer  of  the  Lower  Divi- 
sion, for  the  performance  of  the  additional  duties  imposed  upon  him 
by  an  Act,  entitled  "  Aa  Act  to  authorize  the  issue  of  certificates  of 
stock  to  provide  for  the  military  defence  df  the  State,"  ratified  the 
twenty-second  day  of  "December,  in  the  year  of  our  Lord  one  thous- 
and eight  hundred  and  sixty,  four  hundred  dollars;  for  printing  and 
distributing  tax  returns,  seventeen  hundred  dollars. 


partment. 


OF  SOUTH  CAROLINA.  185 

V.  For  the  Ordinary  Civil  Expense^ :  For  the  payment  of  the  Con-  ^'  ^-  ^^^ 
tingent  Accounts  of  th»i  Upper  Division,  eight  thousand  five  hundred  ordinal  cirii 
dollars,  if  so  much  be  necessary ;  fbr  the  paj^ment  of  the  Contingent  expenses. 
Accounts  of  the  Lower  Division,  eighteen  thousand  dolls^i's,  if  so  much 
be  necessary;  for  the  payment  of  annuities  and  pensions,  six  hun- 
dred dollars,  if  so  much  be  necessary ;  for  the  paj^ment  of  such  claims 
as  shall  be  admitted  by  the  Legislature  at  its  present  session,  two 
hundred  and  fift}-  thousand  dollars,  if  so  much  be  ncces^ry ;  for  the 
support  of  FreeSchooIs,  seventy-four  thousand  and  four  hundred  dollars, 
if  so  much  be  neccssaiy,  to  be  distributed  lAiong  the  several  election 
di^ricts  ig  the  State,  in  the  proportion  of  six  hundred  dollars  to  each 
representative  in  the  popular  branch  of  the  Legislature  ;  for  the  sup- 
port of  paupers  qA  tlje  Lunatic  Asylum,  seventy-live  thousand  dollars, 
if  so  much  be  necess£tiy ;  that  the  sum  ef  twe^e  thousand  and  ninety- 
three  dollat-s  ninety-tliree  cents  be  appropriated  to  meet  the  last  year's 
deficiency  for  the  support  of  paiipors  at  the  Lunatic  Asylum,  the.  same 
to  be  paid  as  other  appropriations  for  that  Institution  to  the  draft  -of 
th%  Chairman  of  the  Board  of  Eegents  ;  for  the  education  of  the  Deaf 
and  Dumb,  and  of  the  Blind,  sixteen  thousand  dollars,  if  so  much  be 
necelsary,  to  be  paid  to  the  Commissioners  in  the  same  nian^er  as.the 
appropriatioH  heretofore  made ;  for  refunding  taxes,  as  directed  bj'- 
the  reports  of  the  Committees  of  Ways  and  Means,  £ftid  of  Finance 
and  Banjis,  agreed  fo  b}*  the  Legislature,"  one  thousand  dollaBS,  if  so 
ittuch  be  necessary ;  for  compensation  for  slaves  executed,  five  thou- 
sand dollars,  if  so  much  be  necessary  ;  for  the  payment  of  the  interest 
on  tw^o  milHons  one  hundred  and  fifty  thousand,  five  hundred  and 
ninety  dollars  of  bonds  and  stocks  issued  for  the  construction  of  the 
new  State  Capitol,  one  hundred  and  thirty-five  thousand  apd  sixty- 
seven  dollars;  for  the  payment  of  the  interest  on  three'  hundred  and 
ton  thousand  dollars  of  the  bonds  of  the  State  issjied  lyider'an  ACt,  • 
entitled  "  An  Act  to  grant  aid  to  the  Blue  Eidge  Eailroad,*'  ratified 
the  twenty-second  day  of  December,  in  the  year  of  oiu'  Lord  one 
thousand  eight  hundred  and  fifty-nitoe,  eighteen  thou*ind  six  hundred 
dollars;  for  the  payment  of  the  interest  on  the  balance  of  foul*  hun- 
dred thousand  dollars  of  bonds  of  the  State,  issued  for  the  military 
defence  of  the  State,  twelve  tHousand  dollars;  for  the  payrtieut  of  the 
interest  on  three  hundred.and  uinety-«ne  thousand  one  hundred  and 
fifty  dollars,  issued  for  the  military  defence  of  the  State,  twenty-five 
thousand  three  hundred  and  eighty  dollars  fifty  cents;  for  tho  pay- 
ment ofTihe  interest  on  one  million  five  hundred  and  fourteen  thou- 
sand seven  hundred  and  ten  dollars  of  the  bonds  and  stock  authorizer  "^ 

24 


186  STATUTES  AT  LARGE 

•A-D-18G"-     to  be  issued  for  tlie  militaiy  defence  of  the  Slate,  one  hundred  and 
six  thousand  and  twenty-nine  dollars  seventy  cents. 
Military  expen-      YI.  YoY  Military  Expenditures  :  •For  the  salaries  of  the  followinc; 

ditures.  *  r  r^  ^ 

officers,  Tiz :  Adjutant  and  Inspector  General,  twentj'-five  thousand 
dollars;  Arsenal  Keeper  in  Charleston,  one  thousand  dollara;  Ar- 
senal Keeper  and  Powder  Eeceiver  at  Columbia,  at  the  rate  of  four 
hundred  dollars  per  annum;  Ph^^sician  of  the  Jail  and  Physician  of 
the  Magazine  Guard,  at  Charleston,  each  five  hundred  dollars;  to  T, 
R.  Aldrich, -Physician  of  the  Jail  at  Charleston,  two  hundred  and  fifty 
dollars,  to  reimburse  him  for  monej'S  spent  for  the  purchase  of  .modi- 
cine  for  prisoners  in  said^  jail ;  and  for  the  support  of  the  Military 
Academies  at  Charleston  and  Columbia,  seventy-three  theusaifd  two 
hundred  dollars,  if  so  much  be  necessary;  and  the  said  Militaiy 
Academies  shall  be  under  the  direction  of  th§  Board  of  Visitors: 
Provided,  That  each  dtetrict  shall  be  entitled  fb  send  to  said  Acade- 
«iies  a  number  of  beneficiaries  equal  to  its  representation  in  "the 
House  of  Eepresentatives,  or  in  that  proportion,  as  far  as  the  appro- 
priation for  the  school  may  allow;  the  sum,,  of  twenty-three' thousand 
three  hundred  and  seventy-one  dollars  and  fifty-seven  cents  to  cdvav 
the  excess  on  the  expenditures  for  the  Academies  during  the  past 
year;  fo5:'  the  salary  of  the  Clerk  of  the  Adjutant  and  Inspector 
General,  one  thousand  and  eighty  dollars ;  for  the  ser^ces  of  the 
Secretary  of  State,  during  the  current  year,  for  all  service  in  issuing 
all  military  comtnissions,  and  in  lieu  of  any  charge  against  the  State 
for  commissions  of  all  civil  officers,  eight  hundred  dollars,  to  be  paid 
as  other  salaries  du*ected  b}^  law- ;  for  the  salary  of  the  Ordnance  Offi- 
cer, twenty-three  hundred  dollars,  to  be  paid  upon  the  draft  of  the 
said  Ordnance  Officer,  said  salary  to  be  paid  quarterly;  to  defray  the 
expenses  attendant  upon  the  military  defence  of  tho  State,  three  hun- 
dred thousand  doUai'S,  to  be  paid  upon  the  draft  of  his  Excellency  the 
Governor,  and  that  his  Excellency  the  Governor  be  also  authorized 
,to  expend. or  sbe  expended,  under  his  direction,  the  balances  now  in 
the  hands  of  the  Departmental  Officers  and  at  the  Executive  credit 
from  the  appropriation  of  the  liast  3^ear,  and  that  an  account  thereof 
be  rendered  to  the  ne:^t  regular  session  of  this  General  Assembly. 
Ordinary  local    ,  YH.  Yov  Ordinary  Local  Expenditures :  For  the  suppoi-t  of  the 

expenditures.  •'  ^       ^  i  •  i  i 

transient  poor  of  Charleston,  seven  thousand  dollars,  to  be  paid  to  the 
City  Council  of  Charleston,  and  accounted  for  by  them  ^  the  Legis- 
ture;  for  the  salary  of  the  Port  Physician,  including  boat  hire  and 
other  incidental  expenses,  twelve  hundred  dollars;  for  tlie  execution 
I  of  the  quarantine  laws  at  Charleston,  one  thousanddoUars,  if  so  much 


OF  SOUTH  CAROLINA.  187 

be  necessary,  to  be  pakl  to  the  City  Council  of  Charleston,  and  ex-     a.d.  isgs. 
peaded  under  their  direction  -,  for  the  salaiy  of  the  Superintendent  of  ^  ~ 

the  Fire-proof  Building  in  Cl^arleston,  dui-ing  the  present  year,  one 
hundred  dollars ;  for  the  support  of  the  transient  poor  of  Georgetown, 
seventy-seven  dollars  eighteen  eonts,  and  also  the  balance  reported 
hy  the  9onimissione»-s  as  remaining  in  their  hands,  the  two  sums 
amounting  lo  three  himdred  dolhirs,  to  be  paia  to,  and  expended  by, 
the  Comjaissioners  of  the  Poor  of  Wiuyfih,  to  be  accounted  for  by 
tliem  to  tlic  Creneral  Assembly ;  for  aiding  -the  support  of  a  Ferry  at 
Elliott's  Cut,  two  hundred  dollars,  subject  to  the  order  of  the  Com- 
miesioncr  of  Roads  for  St.  Andrew's  parish;  for  maintaining  and  keep- 
ing ojien  the  Roper  Hospital,  in  Charleston,  three  thousand  dollar?, 
to  be  paid  to  the  Medical  Society,  in  trust  tor  tlie  Eop^'  Fund,  to 
defray  the  expenses  of  the 'said  Hospital;  for  the  supj)ort  of  the 
CataAvba  Indiana,  twelve  hundred  dollars,  i!f  so  much  be  necejisary. 
YIII.  For  Extraordinary  Expenditures  :  For  the  support  of  the  Extraordinary 

"  eipeadUurcs. 

transient  poor  of  Columbia,  two  thousand  dollars,  to  be  paid  to  the 
City  Council  of  Colwnbia,  and  ac(yunted  for  by  them  to  the  General 
Assembly ;  for  tlnj  Marine  School  of  Charleston,  seven  thousand  dol- 
lars, to  be  paid  to  the  Charleston  Port  Society,  upon  the.  draft  of  the 
President,  countersigned  by.the  Secretary ;  the  sum  of  twelve  hun- 
dred dollars,  to  be  paid  to  William  B.  Johnston,  to  be  paid  as  the 
salaries  of  other  officers  of  the  State  are  paid  by  law,  for  recording 
the  nalies  of  thOf#  who  have  fallen  in  the  war,  either  by  disease  or 
wounds,  and  he  shall  report  at  the  next  regular  sessiou|of  the  Genei'al 
Assembly;  to  James  Tiippcr,  Esq.,  Auditor,  three  thousand  dollars, 
to  be  paid 'to  him  as  aYe  the  salaries  of  other  officeVs,  and  also  sucly 
amount  as  sh  *l  be  necessary  to  defray  his  expeuses  for  Stationery,  in 
addition  to  his  salary  ;  for  the  construction  or  purchase  of.  machines 
for  manufacturing  cotton  c^'ds,  Subject  to  the, draft  of  1)he  Governor, 
Hwenty  thou.sand  dollars;  for  the  Central  Asspciation  for  the  relief  of 
South  Carolina  soldiers,  the  sum  of  live  hundi'ed  tnousand,  dollars,  if 
so  much  be  necessarj',  to  be  paid  upon  draft  of  their  Chairman,  coun- 
tersigned by  their  Treasurer,  to  be  expended  in  purchasing  and  tor* 
warding  to*our  soldiers  shoes,  blanjcets,  clothing  and  otiiQr  article*  of 
necessity,  and  that  the  said  Assooiation  do  accoim^  theref(ir  quarterly 
before  the  State  Auditor;  for  the  relief  of  the  families  of  soldiers,  the 
sum  of  five  hundred  thousand  dollars,  to  be  paid  to  the  respective. 
Boards,  to  be  distributed  m  proportion  to  the  number  of  persons  to 
be  relieved,  and  that  the  said  Boards  do  make  respectively  an  annual 
report,  on  the  1st  day  of  November  in  each  year,  to  the  State  Auditor, 


188  STATUTES  AT  LARGE. 

A.  D.  1863.  to  be  by  that  officer  consolidated  and  reported  to  the  next  succeeding 
'^^"^'"'^^  Legislature;  the, sum  of  five  thousand  dollars  to  be  paid  to  George 
W.  jVIorse,  on  his  own  draft,  as  compensation  for  the  use  of  his  patents . 
in  construtting  the  l)reeeh-loading  carbine,  and  his  other  inventions 
for  the  improvoment  of  jire-arms,  to  be  paid  as  the  one  thousand 
breech-loading  carbines  now  being  ilijanufactured  at  the  State  works  • 
are  completed,  at  th^  rate  of  five  dollars  for  each  carbine;  Cor  the 
salary  of  the  clerk  of  the  Auditor,  fifteen  hundred  dollars  j  for  the 
salary  of  John  E.  Niernsee,  acting  Superintendent  and  Architeet  of  the 
New  Statie  House,  three  thousand  dollars,  t,o  be  paid  as  the  salaries 
of  other  officers;  for  tlio  purchase  of  shoes  for  South  Carolina  soldiers, 
the  sum  of  one  hundred  and  seventy-one  thousand  dollars,  if  so  much 
be  necessarj%  to  be  paid  on  t\ic  draft  of  the  Governor. 

In  the  Senate  House,  the  seventeenth  day  of  December,  in  tbc  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
eighth  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  POETEft,  President  of  the  Seti(Ct.e. 

A.  p.  ALDEICH,  Speaker  House  of  Represmtatives. 


No.  4669.     AN   ACT   to   d:^laee  and  amend  the   Exemption  Law  of  this- 


SfATE,  AND  EO'R  OTHlR  PURPOSES, 


» 


Ordinance  and       I,  Be  it  enacted  bv  the  Senate  and  House  of  Representatives,  now 

Acts  ratified  at  ^^  "^  * 

stated  periods   -^q^  and  sitting  in  General  Assembly,  and  by  the  authority  of  the 
ply  to  state       same,  ihat  an -Ordinance  of  the 'Convention  of  the  People  of  the 

troops.  >  .  . 

State  of  South  Carolina,  entitled  "  An  Ordinance  to  exempt  overseers 
from  the  performance  of  Military  duty,"  passed  the  second  day  of 
January,  Anno  Domini  eighteen  hundred  and  sixty -two,  the  fourth 
section  of  an  Act  of  the  Gen  feral  Assembly,  entitled  "An  Act  for  the 
'  better  organization  of  the  Militia,  and  for  other  purposes,"  ratified 
the  6th  day  of  Febrita^y,  Anno  Domini  eighteen  hundred  and  sixty-. 
three,  3,nd  the  ninth  section  of  an  Act  of  the  General  Assembl}^, 
entitled  "An  Act  to  provide  for  Yoluntee?'i!?ompanies  of  Mounted 
Infantry,  and  for  other  purposes,"  ratified  the  thirtieth  day  of  Sep- 
tember, Anno  Domini  eighteea  b'uiidred  ajad  sixty-three,  be,  and  the- 


OF  SC^UTH  CAROLINA.  189 

same  are  hereby,  declared  to  apply  to  troops  called  into  service  under    ^-  ^-  '^^^• 
the  militia  organization  of  this  State,  and  to  aaypther  c^rlitary  force 
raised  by  the  State  under  the  laws  thereof,  ancf  not  to  troops  raised 
by  the  laws  of  the  Coffederate  States  of  America. 

II.  That  the  provisions  of  tjp  fourth  section  of  an  Act  of  the  ;),^/^^,.^^'^^*f^f 
General  Asse^^,  entitled  "An  Act  for  the.bctter  organization  of  Uu-  ed'?diftini^s"i. 
Mifitia,  and  for  other  purposed,"  ratified  on  the  (Jlh  day  of  February,  ^^^p^'o'^s- 
Anno  -Domit^  c'ig'ilitcen  liundrcd- a>nd  sixty-three,  exempting  from 
military  service  apothecaries,  schoolmasters,  keepers'  of  ferries,  toll 
bridges  an'd  toll  grain,  mill?,  all  persons  belonging  Uo  the  Boards  of 
Kelief  of  Soldiers'  Families,  the  officers  and  employees  of  railroad 
companicfiji  persons  engaged  in  the  manufacture  of  arms,  munitions  of 
war,  and  army  supplies,  and  persons  engaged  in  the  manufacture  of 
sal t,^^ altered  and^amcnded  so  at  to  exempt  frpm  the  military  sciwicc 
tliorein  providf!^  for,  and '^as  declared  by 'this  Act,  one  apothecary  to 
cs^l*  regularly  established  drug  stoiv>  which  was  in  opciration  a.t  the 
CQmmMicement  of  the  Avar ;  all  schtol masters, over  the  age  of  ibiNly 
ycai*s,  and  low  having  utider  their  charge  not  leap  'than  twenty 
scholiA-s;  one  white  man  over  the  age  of  R)rtyifive  yeai*H  to  cacl^ 
established  fcny,  toll-bridge'ior  toll  grain  mill,  if  actuallj"  toptiiy 
such  -mVite  m^i ;  all  persons  -bglonging  to  Boards  of  ivclicf  of  SoTcilR's' 
FamiUeg,  over  the  age  offorty-^ve,  ov  if  OKem])ted  by  reason  of  phj'- 
sical  infirmity  from  uonfcd^^-ate  conscription ;  the  officer^ and  i\£  jJiany 
employees  of  cacW railroad^  company  as  roe  President  or  snncrin- 
Lpndent  may  certify  and  shW  to  the  satisfactkin  of  the  Af^itaiff  and 
Inspectoi"  General  to  be  necessary  to  the  efficient  -conduct  of  its  busi-  ' 

ness,  and  that  the  duties  of  ^aid  employee^  cannot  be  'disHiarged  by 
slaves  or  free  persons  of  color;  a,]!  persons  etnployed  by  thofetate  or 
the  Confederate  Government  in  the  m^iufacture  of  arms,  munitions 
of  war  and  army  suppjie's,  or  \)j  contractor^o  furnish  the  sainc  to 
the  State  or  Confederate  Government :  Provided,  it  be  shown  to  the  ^ 
satisfaction  of  the  Adjutant  and  f  nspocFor  General  that  the  public  • 
interest  and  milftary  defences  require  the  exemption  of  such  per.sons; 
one  superintendent  or  manager  to  each  salt  woii:  onftbe  sea  eoaist : 
Provided,  such  work  ||ricJds  tea  bushqls  of  salt  per  day,  and  has  hobn 
in  operation  at  least  two  ^nonths  pixivious  to  being  called  intO" service, 
and  that  all  exemptions  of  such  persons  n#etoforc  grailted  contrary 
to  the  provisions  of  thk  Act,  be,  and  the  same  are  hereby,  i"0voked. 

Ill;  Thft,t  whenever  the  Gbverftor  for  the  time  beino-flliall,  by  orders  Persons  claim-- 

■-  '     ■  ini;  Pxoinptionrf 

published  in  the  newspapers  of  the  Stafe,  call  upon  any  portion  of  the  ii-*Wc  to  forfeit 
militia  to  appear  before  the  Enrolling  Officers  of  th«  State,  or  any      •  ' 


,( 


190  STATUTES  AT  LARGE 

A.  D.  1863.     militia  oflicer,  and  claim  exemption  from  niiliiary  service  under  the 

^  laws  of  the  State,  all  persons  who  shall  fail  to  apj)ear  and  present  their 

claims  in  pursuance  of  said  orders,  shall  be  held  liable  to  forfeit  their 

right  to  exemption  at  the  discretion  of  the  C-fovernor :  Provided,  the 

said  order  shall  be  published  for  fortj^aj^s. 

Additional  en-       IV.  That  the  EnrolUnn;  Ofiicei's  provided  for  b}'  an  Kct  of  the  Gen- 

rollment  of  ,  ,  ,  •  i     i    ""  i  .  i       /»  i        ,        '  . 

Militia.  cral  Assembly,  entitled  "An  Act  to  prbvide  for  vomnt^eer  companies 

of  Mounted  Infantry  and  for  other  purpoees,"  ratified  on  tke  thirteenth 
day  of  September,  in  the  year  of  our  Lord  one  thousand,eight  hun- 
dred and  sixty-three,  in  addition  to  the  enrollment  therein  required  to 
be  made  by  them,  shall  also  be  required  to  enroll  any  other  portion  of 
the  militia  Avhu  are  liable  to  actual  service  by  the  provisions  of  an  Act 
of  the  General  Assembly,  entitled,  "An  Act  for  the  better  organiza- 
tion of  the  "Militia,  and  for  other  purposes,''  ratified  the.  sixth  day  of 
February,  in  the  3' ear  of  our  Lord  ene  thousand  eight  hundred  and 
sixtj'-three,  and  tliat  the  Adjutant  and  Inspector  General  be,  and  he  is 

RuiesandrnKii- hereby  authorized  to  establish  rules  and  rce;ulations,  to  be  apprt)ved' 

lations  to  be  es-  ,       ^  .,.,,.  ?      -n         i  •         ^'  i 

tabiished.         by  the  Govcrnor,  prescribing  the  duties  of  the  Enrolling  Ofticersiind 

Sui'geons. . 
Sub.stitutes.  V.||Tbat  from  and  after  the  passing  of  this  Avt^  no  pei-soii  shall  be 

accepted  as  a  sub.stitute  in  State  military 'servix-e. 

■  * 
In  the  Senate  House,  the  seventeenth  da}'  of  December;  in  the  year  of  our 
Lord  one  thousand  ^ight  hundred  and  sixty-three,  and  in  the  eighty- 
f       eighth  year  of  the  sovereignty  and  iVidepcudence  of  the  State  of 
South  Carolina.  " 

\^.  J).  VOV:i}^R,Frmdentof  th^  Senate. 

A.  P.  ALDEICH,  Speaker  House  of  Kepreseniatwcs. 


No.  4G70,  ^^  -^^'^  ^"^  EXTEND  AN  Ac'jT,  ENTITLED  "  An  Act  TO  EXTEND  SOME  OF 
THE  PROVISIONS  OF  AN  ACT,  ENTITLED  '  An  AcT3»  IN  REFERENCE  TO 
THE  SUSPENSION  OF  SPECIE  PAYMENTS  BY  THE  BaNKS  OF  THIS  StATE, 
AND  FOB  OTHER  PURPOSES,""  TO  THE  FIRST  DAY  OF  JaNUARY,'1N  THE 
YEAR  OP  OUR  LqRD  ONE  THOUSAND  filGHT   HUNDRED  AND  SIXTY-FOUR . 

Act  m-enacted       1.   Be  it  enacted  by  the  Senate  %nd  House  of  Eepresentatives,  now 

ot-'fcKe.""'^'  »inet  and  sitting  sin  General  Assembly,  and  by  the  authority  of  the 

Game,  That  an  Act,  entitled  "  An  Act  to  extend  some  of  the  provisions 


OF  SOUTFI  CAKOLTNA.  '.  191 

of  ail  Act,  entitled,  'An  Aqt  in  reference  to  the  suspension  of  specie  ,_^  '  _^\  * 
payments  by  the  Banks  of  this  State,  and  for  other  purposes,'  to  the 
first  day  of  January,  in  the  year  of  otir  Lord  one  thousand  eight 
hundred  and  sixty -four,"  ratified  on  t^e  sixth  day  of  February,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty-three,  be,  and 
the  same  is  hereb}',  re-enacted  and  continued  of  force,  until  the  close 
of  the  war  between  the  Confederate  States  and  the"tJnited  States  of 
America,  and  for  one  year  thereafter. ,  * 

IL  The  provisions  of  this  Act  shall  not  be  held  to  apply  to  any  Provision  for 
Bank  which,  during  the  operation  of  tho*Act,  shall  declare  or  .pay  a  siivl^^oom. 
dividend  to  its  stockholders  in  gold  or  silver  coin,  ox  shall  sell  ov  dis- 
pose of  its  gokl  01-  silvei"  coin,  except  to  the  StUte  or  the  Confederate 
States.  ^ 

In.  the  Scn.ite  House,  Ike'seventojpnth  day  of  December,  in  fhe  year  of  our 
Jjord  one  thousand  eiglrt  hundred  Jimi  sixty-three,  and  in  the  eighty- 
eighth  year  of  tt>e- sovereignty  and  indepcndoiice  of  the  State  of 

t  South  Carolina. 

»  • 

>  '  W.  D.  POETER,  Prcsidmt  of  the  SeMfc. 
■    A.  P.  ALiyiUCil,  Speaker  Jlouse  of  JieprcsmUifive.';. 


AN  .'^CT  TO  MAKE  Provision  for  .Tiiir  Support   of   the    Families  No.  4GT1. 

OP  Soldiers  from  this   SjITatk   in    tiik   CoNrKDEiiATK   and  State 

Service. 

''       •  • 

I.  Be  if  *}iact€il  by  t||je  Senate  and  House  of  Representatives,  now  prcinferto 

met  and  sitting  fri  (general  Assembly,  and  by  the  authority  of  the  laud."^^  "^' 
same,  That  a  tax  in  Ijind  ^f  two  p6r  cent,  shall  .be  paid" by  the  pro- 
ducer in  any  district  or  jKirish    when    reqiiired   by    the   Board  of 
Relief  thei*eof :    Prov^ed,  That'  the  producer  of  wheat  have  leave  to 
substitute  forty  pbunds  of  flour  ip  place  of  each  bushel  of  wheai,  on 
the  gross  amount  of  all  rice,  corn  and  wheat  Raised  and  grown  in  this 
State,  and  all  toll  made  by  the  owners  of'  toll  grain  mills  during  the 
year  one  thousand  eig^lt  hundred  and  sixty4hree;  also  a  tax  in  kind  Mamifactiiror 
of  five  per  cent,  upon  the  gross  jn*oducts  during  the  year  oae  thousand  v'\naJ 
eighf  hundred  ani  si^ttj'-thre*  Rf  all  ^n&nufactured  Avithin  this  State, 
including  cotton  yarns,  leatlier  and  salt,  except  such  articles  as  xnay 


192  STATUTES  AT  LARGE 

A.  p.  1803.^    ^Q  manufactured  b_y  any  person  for  his  oV  her  own  use,  and  not  for 
sale  or  barter,  which  said  tjix  shall  be  collected  and  paid  in  the  man- 
ner hereinafter  prescribeid. 
Duties  of  II.  That  the  several  Soldier's  Boards  of  Jlclief,  t©  consist  of  not 

Boards  of  Ke-     i  i 

lief,  &c.  less  than  three,  nor  more  than  twenty-four,  and  to  be  appointed  as 

lieretofore  prescribed  b}-  law,  sfiall  'divide  their  respective  districts  or 
parishes  iato  sectioi^s  equal  to  theiij  own  number,  and  assign  to  each 
Commissioner  one  of  said  sections.     That  for  the  purpose  of  ascei'- 
taiiiing  and  collectLng  the^tax  jn  kind,  ofj-ice,  corn  and  wheat,  Hhe 
saidtJommissioners  shall  adopt,  as  the  fe^is  upop.  which  they  are  to 
assess  said  tax,  th^  gross  a!mount  each  producer  has  or  may  return 
for  the  year   one   thousand   eight  hundred  and   sixty-three,  to  the 
Confederate  Assessor  for*  the  lax  in  kind  of  the  Confederate  States, 
thereby  exwnpting  those  who  are  not  liable  to  said  tax  under  the  Act 
of  the  Confederate  Congress.     And  for  the  purpose  of  collecting  said 
tax,  each  Commissfoner  is  hereby  authiorized  to  draw  Ins  order  for 
said  tax  on  an}^  iiroducoi**  within  the  section   assigned   him,  lo  be 
delivered  to  such  person  or  persons  as  may  be  nam^d,  and  in  such 
proportion  as  may  l^e  just  and  proper — the  ^rder  to*  be  the  voucher 
for  the  payment;  and  in  such  districti^s  may  have  an  excess  of  pro- 
visions under  this  bill,  such  excess  shall  be  delivered  at  such  time 
and  place  as  the  Commissioner  shall  order,  after  ten  days  notice,  for 
the  pmpose  of  being  transported 'to  other  pertions  of  the  State:  Pro- 
• .  vided,  That  no  person  shall  be  required  to  deliver  his  produce. a,t  a 
distance  exceeding  eight  jniles  from  the  place  of  production.     And  in 
the  event  that  anj^  person,  so  liable,  shall  fail  or  refuse  to  deliver  the 
amount  of  said  tax  within  the  time  prescribed,  on  the  order  of  the 
Commissioner,,  the  Commissioner  in  charge,  Or  some  person  for  him, 
shall -give  information  thereof  on  oatl||  to  the  Chairman  of  the  Board, 
who,  on  receipt  of  such»information,  is  hereHy^itkorized  to  issue  an 
oxecution-agailnst  tlje  delinquent,  directed  to  flie  ISheriff  of  the  dis- 
ti-ict,  requiring  him 'to  lev}'  and  seize  doufele  tfic  amount  of  the  arti- 
cles'ili  kind  for  which, he  .was  liable,  if  to  be  fcund,  find  if  not,  then 
to  levy  and  collect  of  his  goods  and  chattels  CTiree^times  the  amount 
of  the  value  of  such  tax  in  kind,  /idicording  to  the  value  fixed  by  the 
Confederate  Commissioners  for  this  State  for  articles  of  a  like  kind  : 
tlie  cost  of  the  proceedings  to  be  paid  by  the  ^efixulter,  to  be  regula.. 
ted  by  the  fee  bills  for*6heriff's  cpsts,  in  cases  of  execution  issued 
from  the  courts  of  law.     And  if  any^taiK  payer  shall  satisfy  the  col- 
lector that  prior  to  the  ratifica^i(3^of  this  Act,  he,  the  said  tax  payer, 
has  consumed  or  saved,  or  sold  the  whole  quantity  of  wheat  which 


UF  SOUTH  CAROLINA.  1&3 

lie  may  have  raised  during  the  current  calendar  year,  either  by  his     a.  d.  ises. 
own  oath,  or  by  the  testimony  of  others,  then  the   said  tax  payer    ^"""^    v"^ 
shall  and  may  pay  his  wheat  tax  b}'^  substituting  corn  therefor,  at  the 
rate  of  one  bushel"  of  ^rn  for  one  bushel  of  wheat,  by  measure. 

III.  Tha<  for  the  puriDose  of  ascertainiui;;  and  colloctina:  the  tax  in  Boards  of  Re- 

^       -^  ■"  '^  liet  to  require 

kind  on  manufactured  goods,  mentioned  in  the  first  section  of  this  o""f'''sof  mau- 

r>   -rt    T    n  •        1  ufaotones  to 

Act,  the  said  several  Boards  of  Eelief  m  districts  in  Avhich  such  man-  deliver  per 

1  •  1      1      11         '      •  1  centago  in 

uiactories  may  be   situated,  shall  requir#,the  owner  qr   owncr.s  or  t>"'J- »»'' re- 
person  or  persons  in  charge  ot  swich  manufactories,  to4eliver  to  saxd  troUer  General. 
Board,  on  or  befoi'e  the  'first  of  February  next,  five « per  cent,  in 
kind  of  all  goods  mentioned  ia  tl*  said  first  section,  manufactured 
or  produced  at  their  respective  establishments  during  t4ie  year  one 
thousarW  eight  hundred  and  sixty-three;'  the  amount,  kind  and  quality 
of  eUch  to  be  reported  by  sucli  Board,  when  receivfd,  to  the  Comp- 
troller General,  ind  tlie  said  Board  shall  told  the  sa)lue,  subject  to  a 
distribution   amongst  the   several   Boards,  to   be  made  *by  the  said 
Comptrollef  Genera,l,  under  the  supervision  of  the  Governor,  in  pi'O. 
portion  to  the  number  of  [>ersoiis  of  soldiers'  families;  and  said  disU*i- 
bution  shall  be.made  as  soon  after  the  said  first  day  of  February  as 
may  be  practicable.     In  the  event  that  any  manufacturer  or  manu-  Penalty  for 
facturing  compmiy,  tanner  or  maker  of  salt,  or  other  articles  mentipn-  fuiftUo^make 
ed  in  said  first  ^ection,  shail  fail  or  refuse  to  make  return,  on  oath,  "*"'^°- 
(which  said  oath  either  of  said  Oommissionerg  is  hereby  authorized  to 
administeiv)  on  or  befort;  the  said  first  day  of  February  next,  of  the 
amount,  kind  and  quality  of  all  articles  mentioned  in  said  i^vst  section, 
manufactured  or  produced  b}-  him  or  them  during  tl^  3'ear  one  thou- 
sand eight  hundred  and  sixty-three,  and  to  pay  the  taxis  Idnd  thereon 
as  above  required,  it  shall  be  the  duty  of  the  Chuii-man  of  said  Board, 
and  he  is  hereby  authorized  and   empowered  to  issue  his  Avarrant, 
after  ten  days  notice,  for  the- arrest  and  detention  of  such  tanner, 
manufacturer  or  manufacturers,  or  person  or  persons  in  charge  of 
such  manufactory  or  tannery,  until  he  or  they  shall  have  ma<ie  the 
returns  above  required,i»!xnd  paid  the  tax   in  kind   as  hereinbefore  - 
directed. 

lY.  That  the  amount  of  corn,  rice  and  wheat  to  be  furnished  to  Amount  of 
each  individual  entitled  to  relief  in  the  aggregate,  shall  not  exceed  the  Erfurn*ishJd 
rate  of  ten  bushels  per  annum,  to  be  furnished  in  such  proportions  as  ^^J^'i'^'T'duai 
the  Commissioners  maj^tind  to  be  most  expedient;  and  with  the  view 
of  attaining  e^alitj^  as  near  as  practicable,  each  Board  of  Commis- 
sioners lliall  prepare  a  special  return  to  the  Comptroller  General,  on 
or  before  the  first  day  of  February  ffext,  setting  forth   how  many 


194 


STATUTES  AT  LARGE 


A,  D.  1863. 


Chairman  and 
Treasurer  of 
Boards  liable 
for  failure  to 
make  return. 

Appropriation 
for  relief. 


persons  within  their  respective  districts  or  parishes  are  provided  for, 
and  what  amount  of  j^roduec  of  each  kind  lias  been  received  or  they 
are  entitled  to;  and  it  shall  be  the  duty  of  the  Compti'oller  General, 
on  receipt  of  said  returns,  to  make  a  tabular  statement,  showing  the 
number  to  be  provided  for,  the  amount  received  by  each  Board,  and 
the  distributive  share  to  which  the  total  quantity  of  grain  and  other 
supplies  received  will  entitle  such  individual  to  be  provided  for  us 
aforesaid,  and  the  GomptS^oller  General  is  hereby  authorized,  with 
the  approval  of  the  Governor,  to  issue  requisitions  ujjon  those  Boards 
having  an  excess  over  the  average  supply,  and  in  favor  of  those 
Boards  whose  supply  is  deficieiif,  arfd  the  Board  in  favor  of  whom 
the  requisition  is  made  slmll  pay  the  costs  of  transportation. 

V.  That  the  Chairman  and  Treasiu'cr  of  any  Boai'd  who  ^all  fail 
to  make  a  retui-ft  conformably  to  the  preceding  section,  shall  eafth  be 
liable  to  a  fine  of  two  hundred  dollars,  to  bo  recovei-^d  by  indictment. 

VI.  That  the  sum  of  five  hundred  thousand  dollars  be,  and  the 
same  is  hereby  appropriated,  to  be  distributed  in  propolrtion  to  the 
number  of  persons  tO  be  relieved  amongst  the  several  Boards  of  Re- 
lief of  this 'state,  as  is  prescribed  in  tlje  ^-Ct  ratified  the  eighteenth 
day  of  December,  in  the  year  one  thousand  eight  hundred  and  sixty- 
two,  entitled  "An  Act  to  make  appropriations  in  aid  of  the  families 
of  soldiers,"  and  to  repeal  an  Act,  entitled  "An  Act  to  afford  aid  to  the 
families  of  soldiers,"  and  the  said  Board  will  conform  to  the  provis- 
ions of  said  Act,  and  be  subject  to  its  direction  in  every  particular, 
except  as  hereinbefore  provided. 

• 

In  the  Sepate  House,  the  seventeenth  day  of  December,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  sixty -three,  and  in  the  eighty- 
eighth  year  of  the  sovereignty  and  independence  of  the  'State  of 
South  Carolina. 


W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


OF  SOUTH  CAEOLINA.  195 

AN  ACT  TO  PROCURE  SUPPLIES  AND.  FURNISH  THE  IMPLE3IENTS  OF  AgRI-       *•  ^-  ^^^-  ■ 
CULTURAL    AND    MANUFACTURING   INDUSTRY    FOR    THife   SOLDIERS   AND     ^^^^^7!^ 
PEOPLE   OF  THE    StATE,  BY   A  UNION    OF  THE   StaTE  WITH  THE  IMPORT-         ^' 

iNG  AND  Exporting  Company  of  South  Carolina. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Eenrcsentatives,  now  President  of 

...  .^  lA  11  11  i*         ".I        .  «     .       BankofStato 

met  an(f  sitting  in  General  Assembly,  and  by  the  aftthonty  of  the  andcomptroii; 
same,  That  the  President  of  the  Bank  of  the  State  of  South  Carolina,  fssue'stock  or 
and  the  Comptroller  General,  be,  anc^  are  hereS}^  authorized  and 
directed  to  have  prepared  and  issued  in  the  name,  and  on  the  part 
and  behalf  of  the  State,  not  exceeding  one  million  of  dollars,  either 
in  stocks  or  bonds,  or  both,  bearing  interest  at  tlfe  rate  of  six  per 
centum  per  annum,  payable  semi-antiuallj-at  the  State  Treasury,  (the 
sale  of  said  stocks  or  bonds,  or  both^to  be  made  b}-^  the  President  of 
said  Bank  of  the  State  5f  Souyi  Carolina,  at  such  times  and  in  such 
juanner  as  may  be  necessary) ;  and  tlic  said  President  to  account  an- 
nually to  the  General  Asscm'bl}'  finr  the  jH-oceeds -and  expenditure  of 
the  same,  for  the  purpose  of  procuring  supplies  for  soldicyi-s  and 
soldiers'  families,  and  providing  the  implements  of  agricultural  and 
manufacturi#g  industry,  by  a  union  of  the  State  with  the  Importing 
and  Exporting  Company  of  South  Carolina,  incorporated  the  eigh- 
teenth day  of  December,  one  thousand  eight  lumdrcd  and  sixty-two, 
in  ^he  ownership  and  purcliase  of  ships,  and  in  importing  and  export- 
ing l^ercantile  adventures,  on  the  follovring  terms : 

1.  The  State  to  become  one-fouvlh  part  owner -of  the  skips  now  state  to  bo  part 
owne<i,  or  hereafter  to  be  conf?tructed  or  procured  by  the  said  Com-  &L 

pany,  paj^ing  for  the  same  such  sums  or  pri8es  as  the  Governor  and 
the  Pi*csident  of  the  Bank  of  the  State  of  South  Carolina  shall 
ajiprove.    ' 

2.  The  State  to  have  the  right,  as  one-fourtli  owner  in  said  ships,  state,  to  have 
to  export  sucli  amount  of  cotton  or  other  produce,  on  her  own  account,  and  impo'rt.^*' 
not  exceeding  one-fourtl^of  each  cargo,  and  to  import  such  supplies 

as  in  the  judgment  and  discretion  of  the  Governor  of  the  State  may 
be  deemed  most  advisable  to  meet  the  wants  of  the  soldiers  and  citi- 
zens of  the  State,  the  State  paying  the  customary  freight. 

3.  The  State  to  share  in  the  general  mercantile  adventures  of  the  state  to  shara 

•  1    /-,  J  •        '      ^    \  •  J      1  •  1  n  'i*  mercantile 

said  Company,  and  earnings  of  the  said  ships,  to  the  extent  of  one-  adventur«8. 
fourtk,  as  she  shall  pay  for,  and  acquire  part  ownersliip  in  the  said 
ships  respectively,  she  bearing  her  proportion  of  expenses  and  losses  j 
but  in  no  event  to  be  liable  to  losses  to  a  greater  extent  than  her  in- 
terest in  the  said  ships  and  cargoes  and  unpaid  dividends. 


106  STATUTES  AT  LARGE 

A.  D.  1863.         4,  The  ownership  and  interest  of  the  State  in  the  said  ships -and 
'^"^"^'^^    their  earnin£i;s,  respectively,  to  commence  from  the  time  that  she  shall 

llps-ponsibihty  »  '         i  ^  '  ,  ,  . 

,.1  state,  when  pay  for  her  interest  therein,  rcsi^ectively,  by  shipment  of  cotton  or 
otherAvise,  as  shall  be  arranged  by  and  between  the  President  and 
Directoi-s  of  the  said  Company,  and  the  said  President  of  the  Bank  of 
the. State  of  South*Carolina.  , 

'■oinpany  to  5.  The  said  Compai^y  to  make  annual  reports  and  returns  of  their 

reports.  condition  and  transactions  to  the  Comptroller  General,  as  railroad 

companies  arc  now  reqiured  to  dp  -by  law.  ; 

Ror.resentation  6.  The  Said  President  of  the  Bank  of  the  State  of  South  Carolina  to 
represent  the  stodc  of  the  State  in  the  said  .Oompanj^,  and  to  have  the 
right,  from  time  to  time,  to  inspect  the  books  and  become  acquainted 
with  the  transactions  of  the  said  Company,  and  to  account  annually 
to  the  General  Assembly  for  his'teceipts  and  (disbursements,  on  account 
of  the  connection  of  the  State  with  th8  said  Coinpany. 

ptritetohave         7.  The  State  to  have  the  right  f(^rthwith  to  ship  cotton  and  receive 

fwth\^th!^'^      return  cargoes  in  any  of  the  ships  of  the  %aid  Company. 

st-ick  redeem-       §.  5^6  Said  stock  or  bond's  to  be  redeemable  in  twenty-one  years 

ul>le.  .  ./  « 

from  the  date  of  the  issue  of  the  same.  ^ 

In  the  Senate  House,  the  seventeenth  day  of  Docemher.  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  the  eighty- 
eighth  j'ear  of  the  sovereignty  and  independence  of  the  State  of  Sguth 
Carolina.  ^  ^ 

W.  D.  PORTEE,  President  of  the  Senate. 

A.  P.  ALDRlCH,  Speaker  House  of  Ecpresepatives.  , 


No.  4673.  -A.N  ACT  to  amend  the  Act  in  RELATioisf  to  the  supply  or  Labor 
fOR  THE  Military  Defence  op  the  State,  passed  in  September, 

IN    THE    year   of   OUR    LoRD    ONE    THOUSAND    EIGHT   HUNDRED    AND 

SIXTY-THREE. 

CommissionerB  I-  -^^  *^  enacted  by  the  Senate  and  House  of  Representatives,  now 
oth^r  attoori-  met  and  sitting  in  General  Assembly,  and  by  the  authority  4>f  the 
coA-ec/rltons,  Same,  That  it  shall  be  the  duty  of  tlio  Commissioners  of  Roads,  and 
^'^'  the  authorities  of  incorporated  cities,  towns  and  villages,  to  furnish 

to  the  State  Agent,  within  thirty  days  after  the  passage  of  this  Act,  a 
full  and  correct  return  of  all  hands  liable  to  road  duty  within  their 


OF  SOUTH  CAROLINA.  107 

respective  jurisdictions.     And  that  it  shall  also  be  the  duty  of  the      a.d.is63. 
said  Commissioners  and  authorities  of  incorporated  cities,  towns  and  p^^^^^^7du^k•s 
villages,  upon  being  duly  notified  by  the  ^said  Agent,  thirty  days  be-  ll^^J^""'^^ 
fore,  of  any  call  for  Have  labor  under  the  provisionii  of  this  Act,  to 
extend  the  ])ropeF  summons  to  all  OAvners  liable  to  such  call  witlihi 
their  jurisdictions,  warning  them^o  have  the, hands  so  liable  at  the  ^- 

respcctivc  depots,  and  aft  the  iiroper  4imc.  And,  if  upon  the  du\',  and  at  Liabifity  of -i- 
the  placebo  notified,  any  owner  oi  sljives  so  liable  shall  fail  to  hate  of  slaves, 
said  hands  in  readiness,  then  the  State  Agent  shall  furmsh  the  She^fl^ 
of  the  district  in  which  said  slaves  resitle,  Avith  a  list  of  defaulters,  and 
it  shall  bo  th,e  d^li)*^  ^^  *^®  Sheriff  immcdifitely  to  ari'est  su^h  slaf  ?s, 
and  deliver  fhem  to  the  State  Agent  at  such  place  in  tlie  district  as  tie 
may  appoint,  the  cost  of  such  arrest  and  transportation  to  be  paid  bj" 
the  defaulting  ownoil  And  Avhen  there  is  such  mtglect,  failure  oi*  re- 
fusal to  se»d  slaves,  after  due  summons^©  the  ownci-s  b  v  the  Commission- 
ers, and  the  said  slaves  are  taken  by  the  Sheritt,  llie  slaves  of  such  de- 
faulters shall  labor  and  serve  fn  the  military  defences  for  twice  the 
period  of  time  specified  in  the  call  mad«  by  the  State  Agent :  Provided, 
That  the  slaves  thus  furnished  shall  not  be  detailed  for  any  other  ser- 
vice than  for  such  work  as  is  intimately  connected  mth  *tlie  defence 
of  the  State. 

II.  That  all  Act*  Juid  parts  of  Acts  inconsi'stent  with  the  in-ovisions  Repe.ii  of  pre- 
01  tfis  Act,  are  hereby  repealed^  but  the  fines  and  penalties  therein  ments,  Ac 
contained  shall  not  be  infiicted  on  owners  of  slaves  for  future  ^faults 
under  this  Act.  But  this  repeal  shall  not  be  construed  to  affect  or 
excuse  any  former  default,  or  to  stop  any  prosecutions  which  may 
have  been  commenced  against  any  detiiuliors  uiidcr  any  of  the  Acts, 
or  parts  of  A n^s,  hei'e by  repealed.     That  the  slaves  funiishcd  under  slaves  toby do- 

'      .       .  1      II   1         1    1-  J  /        If  1  ,  .  .      liveiol  punctir' 

this  Act«hall  be  delivered  punctually  to  the  owners  at  the  exinratien  aiij  after  term 

r,    1     •     ,  ,.  •  J  •        1         "  n  II-  ,  of  .'service. 

of  their  term  oi  service,  and  m  the  event  ol  any  delay  in  suck  return, 
the  Governor  is  hereby  authorized  and  directed  to  demand  of  the 
Commanding  General  tliat  the  said  slaves  be  immediately  returned, 
unless,  in  the  opinion  of  the  Governor,  a  peculiar  emergency  demands 
a  further  detention. 

In  the  Senate  House,  the  seventeenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  the  eighty- 
eighth  year  of  the  sovereignly  and  indcpendonce  of  the  State  of 
South  Carolina. 

W.  D.  POETEE,  FrcmMt  of  the  Smate.  ■ 

A.  P.  ALDEICH,  Speaker  Rouse  of  Bcpreseniatives. 


198  STATUTES  AT  LARGE 

A.  D.  1863. 

No.  4674.     XN  ACT  to  amexd  an  Act,  entitled  an  Act  to  suppress  the  Dis- 
I  TiLLATiox  or  Spirituous  Liquors  in  this  State. 

Second  section      f.  Be  it  enacted  hv  the  Senate  and  House  of  Eein'oscntatives,  now 

of  Act  altered  .      .  .       ,^  # 

and  amended,  met  and  sitting  in  GVjneral  A.sseinbly,  and  In' the  authority  of  the 
same,  That  the  second  section  of  an  Aet,  entitled  an  Act  to  sup2>ress 
the  Distilhition  of  Spirituous  liquors  in  this  State,  ratified  the  tenth 
d^'  of  April,  tn  the  year  of  bur  Lorc^  one  thousand  eight  hundred  and 
sixty-three,  be  altered  and  amended  so  as  to  authorize  and  empower 
his  Exceflency  the  Governor  to  contract  with  a  skiMcd  arid  responsible 
Agentsappoint-  agent,  in  each  of  the  Judicial  Districts  of  this  State,  to  manufacture  a 
ture.  '  ^  '^''  limited  quantity  of  .pure  spirits  at  a  limited  and  roasonahle  price,  not  to 
exceed  three  dollars  i)er  gallon,  strictly  for  meciical  purposes :  Provi- 
ded, That  said  spirits  shall  not*be  sold  to  any  but  regulai^}^  practicing 
physicians  and  registered  druggists  in  this  State.  The  amount ^old  to 
each  physician  and  druggist  not  to  exceed  fifty  gallons  of  whiskey  and 
five  gallons  of  pure  alcohol  per  annum,  to  be  used  strictly  for  medi- 
cinal purpq^es. 
# 
Agents  to  enter  H-  That  the  agent  thus  appointed- shall  enter  into  a  bond  of  ten 
into  bond.  tliousand  dollars,  with  two  or  more  good  suretiet^to  be^pproved  by 
the  Conlmissioners  to  approve  Securftics  before  the  Clerk  of  the  Court 
of  tho*District  in  which  he  resides,  conditioned  that  the  spirits  to  be 
manufactured  by  him  shall  be  pure,  and  shall  be  delivered  within  the 
time  limited;  that  he  will  distill  no  more  than  is  mentioned  in  his  con- 
tract ;  and  that  he  will  turn  over  all  that  he  may  distilj|  as  directed  by 
the  ^Governor;  which  bond,  if  forfeited,  may  be  estreated  as  other 
recognizances  in  the  Court  of  Sessions.  And  shall  also  tak6  and  sub- 
scribe aki  oath  before  the  Clerk  of  Hie  Court,  to  be  filed  in  his  office, 
that  he  will  faithfully  comply  with  the  terms  of  his  contract;  that  he 
will  distill  no  more,  nor  dispose  of  any  portion  of  that  distilled,  other- 
wise than  is  mentioned  in  "his  said  contract,  upon  which  oath,  if  vio- 
lated, perjury  may  be  assigned  in  the  Court  of  Sessions. 


Acts  inconsiis-        HI-  That  all  Acts  a^d  parts  of  Acts  ihconsistent  with  this  Act,  be^ 
ActVepcaled!     and  the  same  are  hereby,  repealed:  Provided,  That  such  repeal  shall 
not  be  constri^ed  to  bar  any  prosecutions  already  instituted,  or  which , 


OF  SOUTH  CAROLINA.  199 


may  hereafter  bo  instituted  for  violations  of  the  provisions  of  any  of 
.said  Acts. 

In  the  Senate  House,  the  sevpntcenth  day  of  Dccembi-r,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
eighth  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTElt,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives.- 


A.  D.  1863. 


No.  4675. 


AN  ACT  TO  CONTINUE  IN  PORCE  AN  AOT,  ENTITLED   '' An  ACT  TO  EXTEND 

Relief  to  BeRTORS,  and   to    prevent   the  sacrifice   of   B^EIOPERTY  continued  of 

1,  force  till  nd- 

AT   PUBLIC    SALES."  journment  of 

•  uext  Gononil 

^B  \s8eniUlY. 

I:  Be  it  enacted  by  the  Senate  and  Hou?c  of  Representatives,  now  ' 
met  and  sitting  in  General  AsseniDlj-,  and  by  the  authority  of  the 
same,  That  an  Act,  entitled  "An  Act  to  extend  relief  to  debtors,  and 
to  prevent  the  sacrifice  of  j)ropcrty  at  public  sales,"  ratifiM  on  the 
twenty-first  day  of  December,  in  the  year  of  our  Lord  one  tiiousand 
eight  hundred  and  sixty-one,  and. also  an  Act  to  continue  in  force  the 
aforesaid  Act,  ratified  the  sixth  day  of  Februaiy,  in  the  year  of  our  ^     ,  . 

'  ''  ./  '  .J  Provision  for 

Lord  one  thousand  eii]4it  hundred  and  sixty-three,  be,  and  the  same  fiucs  for  default 

fT    ,■  /.I  of  work  ou 

are  hereby,  continued  of  force  until  the  adjournment  of  the' next  ses-  roads. 
sion  of  the  C-reneral  Assembly  of  this  State:  Provided,  That  nothing- 
contained  ,in  the  said  Acts  shall  apply  to  stay  the  collection  of  any 
fine  or  fines  imposed,  orito  be  imposed,  by  any  Board  of  Commissioners 
of  Roads  for  default  of  work  on  the  respective  roads  in  charge  of  said 
Boards,  or  for  default  of  work  of  road  hands  under  the  call  of  the 
proper  authorities  on  the  public  defences. 

In  the  Senate  fiouso,  the  seventeenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  the  oighly- 
e%hth  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Caroliifa.  t 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


200  STATUTES  AT  LAKGE 


A»  D.  1S63.         A  ^-y-      A  rirr\ 

^^^^^^^^^..^      xlJN    AOl    TO   CONTINUE   IX   FORCE   THE   LAWS   HERETOFORE    ENACTED    IN 

No.  4676  KELATION  TO  THE  CULTIVATION  OF  COTTON. 

Acts le-enaeted  ^'  '^^  ^^  enacted  hy  the.Senale  and  House  of  EepjjeBentath'Tes,  now 
force™'*'^'' ^^  metf'and  sitting  ia  General  Assembly,  and  by  the  authority  of  the 
same,  That  an  Act,  entitled  "An  Act  to  prevent  and  punish  the 
l^lanting  and  cultivating,  in  this  State,  over  a  certain  quantity  of  cot- 
ton during  the  present  year,"  ratifiectou  the  sixth  day  of  February, 
in  the.  year  of  om;»Lord  one  thousand  eight  hundred  and  sixty-three  ; 
and  also  an  Act,  entitled  "  An  Act  to  amend  an  Act,  entitled  an  Act 
to  prevent  and  punish  the  planting  and  cultivating,  in  this  State* over 
a  certain  quantity  df  cotton  during  the  jifresent  year,"  ratified  on  the 
tenth  day  of  April,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred %nd  sixty-three,  be,  and  the  same  ai'e  herdjy,  re-en aeted  and 
made  of  force  until  the  close  of  the  "war  between  the  Confederate 
States  and  United  States  of  Ai^erica. 

In  the  Senate  House,  the  seventeenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  ?ixty-three,  and  tjhe  eighty- 
eighili  year  of  tie  sovereignty  and  independence  of  the  State  of 
South  Carolina.  ' 

W.  D.  POETEE,  President  of  the  Senate.  _    # 

•  A.  P.  ALDEJ  CH",  Speakef  House  of  Hepresentativcs. 


No.  4677.     AN  ACT  to  amend  and  renew  the  Charter  op  the  Columbia  and 
Hamburg  Eailroad  Company,!  to  change  the  name  theiieof,  and 

TO  PRODUCE  conformity  IN  THE  CHARTERS  GRANTED  TO  SAID  COMPANY 

BY  THE  States  of  Ceorgia  and  South  Carolina. 
Company incor-      I.  Se  it  enacted  bv  the  Senate  and  House  of  Eepresentatives,  now 

porated.  "  ^ 

niet  and  sitting  in  General  Assembly,. and  by  the  authority  of  the 
same,  Tliat  the  Columbia  and  Hamburg  'Eailroad*  Company,  .which 
has  been  formed  under  a  charter  granted  by  the  General  Assembly  of 
the  State  of  South  Carolina,  ratified  on  the  twenty-first  dfiy  of  Decem- 
ber, in  the  year, of  our  Lord  one  thousand  eight  hundred  and  fifty- 
eight,  be,  and.  the  same  is  hereby^  incorported  by  the  nafnc  of  "  The 
Columbia  and  Augusta  Eailroad  Coijipany,"  and  all  acts  and  things 
•  heretofoi-o  done  by  the  stocl-cholderg.  of  said  Company,  and  b}'  the 
Pi-c'sident  and  Directors  hej-etofore  elected  by  tl\em,  be,  and  the  same 


OF  SOUTH  CAROLINA.  201 

arc  hereb}",  ratified  and  made  lawful,  in  as  full  and  ample  a  manner  a.d.  is.vj. 
as  if  the}:  had  been  authorized  and  allowed  by  the  sai^^  charter  :  Pi-o- 
vided,  the  same  were  not  in  violation  of  any  existing  law  or  laws,  or 
of  the  Constitution  of  this  State,  or  of  the  Confedei-ate  States  .of 
America :  And  by  the  above  title,  the  said  stockholders  shall  have 
corporate  existence  in  this  State,  and  in  the  State  of  Gejpfgia,  if  incor- 
porated by  that  State,  and  sliall  have  perpetual  succession  of  mem- 
bers, may  have  a  common  seal,  may  sue  and  be  sued,  may  plead  ami 
l)e  inijileaded.  in  any  court  of  la'w  orequity,  and  may 'make  all  sucli 
rules,  regulations  and  by-laws,  as  are.  not.inconsisten,t  with  the  laws 
or  Constitution  of  this  State,  the  State  of  Georgia,  or  the  ConfWderate 
States :  Froviilcd,  that  service  qf  process  upon  the  principal  agent  of 
said  Company,  or  any  Director  thereof,  sliall  be  deemed  and  taken  to 
be  due  and  lawful  notice  o^'  service  of  process  iipou  the  Company,  so 
as  to  bring  it  before  the  court. 

II.  That  the 'affairs  of  said  Gomiiany  shall  be  managed  and  direct-  EioctioE  of 
ed  by  a  general  Eoard,  to  consist  of  twelve  Directors,  to  be  elected  by 

the  stockholders  from  among  their  number:  Provided,  thai  if  the  said 
Company  shall  be  chartered  by  the  State  of  Georgia,  foui'  of  the 
Director.s  shall  be  elected  from  amongst  the  stockholders  residing 
in  that  State. 

III.  That  the  election  of  Director.s  shall  bef  by  ballot,  and  each  Eieehoc  hy 

I  •'  '  ballot 

stockholder,  at  any  general  meeting  of  the  Company,  shall  be  en- 
titled to  one  vote  upOn  all  shares  held  bj-  him  not  more  than  fifty; 
to  one  vote  for  every  five  shares  upon  all  shares  held  by  him  more 
than  fifty,  and  not  more  than  one  hundred;  and  upon  all- shares 
more  than  one  hundred,  to  one  vote  for  every  ten  shares,  to  be 
given  by  the  stockholder,  in  person,  or  by  his  proxy,  in  all  elections, 
and  uuon  all  matters  to  be  submitted  to  the  decision  of  the  Corn- 
pan  v;  and  to  constitute  a  meetino-  of  the  stockholders,  authorized  to  Number  of 

'        •    '  •  «  '^  stoi'khoK  ers 

make  elections,  or  to  decide  upon  any  matter  upon  which  it  shall  necessan  to 

■*•  •  /-t  tran.sact  buHi- 

be  necessary  for  the  stockholders  to  act  as  a  Company,  a  majority  nes?.  • 
of  all  the  shares  shall  be  reprdsented  by  the  stockholders- themselves, 
or  by  his,  her  or  their  jiroxy  or  proxies,  and  if  a  sutficient  number  do 
not  appear  on  the  dar^'  appointed,  those  who  do.  attend  shall   have 
power  to  adjourn  from  time  to  time,  until  a  quorum  shall  be  obtained. 

IV.  That  the  President  of  the  Company  shall  be  elected  by  the  p^esldenrlnd 
Directors  from   amongst   their  number,   as  the   regulations  of  the  Directors. 
Company  ma}^  prescribe,  and  the  stockholders,  at  each  annual  meet- 
ing, .  shall  elect  twelve  Directors,  who  shall  continue  in  ofiice,  unless 


26 


202 _  51TATUTE.S  AT  LARGK 

A.D.  18C3.  sooner  removed,  until  the  next  ajinual  meeting  after  tlieir  ejection, 
Vacancy  by  le-  ^^^^  Until,  thcfr  succcssors  shall  be  'elected,  and  shall  enter  npon 
movai.  their  duties;  but  the  President  and  any  of  the  Directors  maj-  at  any 

time   be  removed,  and  the  vacanc}-  thereby-  occasioned,  be  filled  by 
a  majority  of  the  remaining  Directors  at  any  g,enei*al  or  called  meet- 
Number  of        ing.     The  President  and  an v  five  or  more  Directors  shall  constitute 

Directors  ne-  v  i  i  ,  "  ■      '  t  ^ 

cessary  to  eon-  a  Doard  lor  the  transaction  of  "business,  and  m  case  of  the  absence  of 

sflitute  Board.         i         -r*        •  i 

the    President   from  sicknt^ss  or  other   cause,  six   Directors,  one  ol 

Avhoin  sluiU  he  a])pointed  to  act  as  I'resident  pro  tem/joi'e,  shall  c;on- 

Vacancyby       stitutc  a  *board.     In  case-  of  a  vacancy  in  the  office  of  Pi^sident  or 

death,  £c.  _^.  ,.  ■•  .  .,  i 

any  Director,  from  death,  removal,  I'esignation  or  inabilitj',  the  same 
may  be  filled  by  a  majority  of  the  remaining  members  of  the  board,  ^ 
until  the  next  annual  meeting. 

Meeting  of  V.  That  there  shall  be  annual  Tneetings  of  the  proprietors  of  the 

stock,  at  such  times  and  places  as  the  preceding  annual  meetings  shall 
have  appointed;  at  sucH,  or  at  any  special  meeting,  proprie^rs  of 
stock  may  attend  and  vote  in  person  or  by  proxies,' under  such  regu- 
lations as  the  by-laws  shall  j)rescribe. 

Non-eieeticto  of      VT.  That  if  the  day  of  the  annual  election  should  pass  without  any 

Directors  * 

election  of  Directors,  the  corporation  shall  not  thereby  be  dissolved, 
but  it  shall  be  lawful  on  any  other  day  to  hold  and  make  such  election, 
in  such  manner  as  inay  be  prescribed  by  the  by-laws  of  the  corpor- 
ation. 

Special  meet-  VII.  That  special  meetings  of  the  Company  shall  be  called,  when- 
ever twenty  members  of  the  Company  or  more,  owning  together  three 
hundred  shares  of  stock,  shall  requii-e  it :  Provided,  That  public  no- 
tice shall  first  be  given  of  the  time  and  ]:)lace  of  such  meeting,  and  of 
the  object  for  which  it  is  called,  unless  the  interest  of  the  Company 
requires  that  the  cause  of  convening  the  meeting  should  nol^e  pub- 
lis'hed:  And  provided,  also,  That  either  in  person  or  by  proxy,  thei'o 
shall  be  present  at  the  meeting  a  number  of  persons  owning  together 
a  majority  of  the  stock. 

Contracts  bind-      VIII.  That  all  coutfacts  or  agreements  authenticated  by  the  Presi- 

;ag  on  Com-  -"^  )=■  j 

pany.  ,  dent  and  Secretary  of  the  general  or  local  Board,  shall  be  binding  on 
the  Company,  without  a  seal,  or  such  mode  of  authentication  may  be 
used  as  the  Company,  bj  their  by-hnvs,  may  adopt. 

Power  to  c(S'n-  IX.  That  the  Company  shall  have  power  and  may  proceed  to  con- 
struct, as  speedily  as  may  be  practicable,  a  railroad,  with  one  or  more 
tracks,  to  be  used  with  steam,  animal  or  other  power,  which  shall  ex- 
tend from  some  point  on  the  'Charlotte  and  South  Carolina  railroad, 
in  or  near  the  cit}'^  of  Columbia,  to  or  near  the  town  of  Hamburg,  in 


the  State  of  South  Carolina,  and  (if  the  s^aid  Coiiipany  shall  be  char-     '^-  ^-  ^^^• 
tercd  by  the  State  of  Georgia)  toj^ross  the  Savannah  river  at  or  near  ^^ 

the  city  of  Augusta,  in  the  State  of  Geqrgia,  and  to  connect  -with  the 
Georgia  railroad  in  the  said  city  of  Augusta:  Provided,  That  the  said 
(Company  may  use  any  section  or  portion  of  the  said  i'o:wl  before  the 
Avhole  thereof  shall  he  completed. 

X.  That  said  Conipanv  shall  have  the  exclusive  right  of  convcA'ance  <;ompany  tr> 

"  0      J  IT  1  )iave  o.xnlnsive 

or  trans])ortatuni  of  persons,  goods  or.nierchandi>:eaud  produce,  over  right  of  con- 

"  vovflncG. 

the  said  road,  to  be  by  them  constructed,  and  shall  have  power  to  fix 
and  establislisuch  rates  of  charges  for  the  transportation  of  per^sons, 
goods,  produce,  merchandize  and  other  articles,  as  ai'e  fixed  by  the 
V'Uarter  of  the  Charlotte  and  South  Carolina  I-Jailroad  Compan}-. 

XL  That  said  CompAiiy,  -when  they  see  tit,  may  farm  out  their  c^>mpany  may 
rights  of  transpoftiition  on  said  road,  subject  to  the  pi-ovisions  of  this  of"rauspo"ta-^^ 
charter;,  and  sai,d  Company,  and  every  person  or  company  Avho  may 
have  rciceived  froi^  them  the  right  of  transporting  goods,  wares  and 
]iroduce^n  said  road,  shall  be  dcem(>d  and  taken  to  be  common  car- 
riers, as  respects  all  goods,  wares,  merchandize,  and  ])roduce  entrusted 
to  them  for  transportation. 

XII.  TUat  if  any  stockholder  shall  1'ail  to  pay  the  installment  Liability  for 
or  installments  required  of  him  on  his  share  or  shafes  by  the  instaUn/cms^ 
President  and  Directors,  or  a  majority  of  them,  within  one  month 
after  the  call  for  the  same  shall  have  been  advertised. in  one  or  more 
papers  published  in  the  city  of  Cohunbia  or  Augusta,  as  the  case  may 
be,  it  shall  and  may  be  la\yfal  for  the  President  and  Directors,  or  a 
iiiajority  of  them,  to  sell,  at' public  auction,  and  convey  to  the  pur- 
chaser or  purchasers,  the  shiare  or  shaxes  of  such  stockholder  so  lail 
ing  or  refusing,  giving  ^wenty  days  notice  of  the  time  and  place  of 
sale,  and  after  retaining  the  suni  due,  and  all  expenses  incident  to  the 
sale,  out  of  the -proceeds,  shall.pay  tln>  surplus  to  the  former  owner,  or 
his  legal  represenxauves,  or  assignees;  and  any  purchaser  of  the  stoc\U 
of  the  Company  under  the  sale  by  the  President  and  Directors  as 
aforesaid,  shall  be  subject  to  the  same  rules  and  regulations  as  the 
original  proprietor,  and  no  sale  byxte  original, proprietor  of  stock,,  or 
his  assignees,  shall  release  the  original  ])roprietor  from  his  obligation 
to  the  Company  tapay  the  whole  amount  of  his  subseriptjou.  In  ad- 
dition to  the  foregoing  r^pm^y,  the  Pi-esideut^and  Directors  may  pro- 
ceed, by  action  of  assumpsit  or  debt,  in  any  tf  the  courtsof  law  of  the 
States  of  South  Carolina  and  Georgia,  for  the  recovery  of  the  install- 
meMs  due  and  not  paid  by  any  delinquent  stoeknolder  or  his  assignees, 
who  shall  not  pay  the  same  on  requisition  inadeiu  manner  and  form*  as 


204  •'  STATUTES  AT  LARGE 

i.  I1.1S6S.     aforestud,  or  the  President  and  Directors,  or  a  majority  of  iliem,  may 

^"^^^  declare  the  share  or  shares  of  an}"-  stockholder  in  arrears  after  twenty 

days  notice,  forfeited  for  the  nse  and  benefit  of  the  Company. 

i-abk'™"^  XIII.  That  the  stock  cff  said  Com])any  may,  be  transferred  in  such 

manner  and Yorm  as  may  be  directed  by  the  by-huvs  of  said  (company. 

I'owpitoin-  XIV.  That  if  the  capital  stock  shall  be  deemed  by  a  maiority  of 

crojifiij  capital  ,  ^  ■  ^j  j         ./ 

atick,  the  Directors  to-be  insufticient,  it  sha^  and  may  be  lawful,  at  some 

o-cneral  meeting,  by- a  vote  of  the  stockliolders,  from  time  to  time  to 
increase  the  capital  stock  of  said  Company  Jlo  an  amount  not  exceed- 
ing live  millions  of  doliai'S,  by  the  addition  of  a"!s  many  scares  .as  may 
be  noccssaiy  for  that  purpose;  and  the  President  and  Directors 
shall  first  give  the  individual  stockholders  for  the  time,  or  their  legal 
j'epresentatives,  the  option  of  taking  such  additional  shares,  and 
an  apportionment,  if  necessa]'y>  shall  be  made  amY)ngst  them.  And 
if  such  additional  shares  shall  not  be  taken  by  the  stockholders,  the 
President  and  Directors  shall  cause  books  to  be  ipejied  under  the 
direction  of  Commissioners;  to  be  appointed  by^  them,  at  such  time 
•  and  place  as  they  shall  designate,  which  time  and  place  shall  be  duly 
advertised  for  subscription  for  said  additional  shares,  or  for  so  much 
thereof  as  may  not  bq  taken  by  the  individual  stockholder^  as  afore- 
said, and  the  subscribers  for  such  additional  shares  are  hereby  declared 
to  b.e  thenceforward  incoi'porated  into  said  Company,  with  all  the 
privileges  and  advantages,  and  subject  to  all  the  liabilities  of  the 
original  stockholders. 
Powortobor-  "  ^^ •  That  the  President  and  Directors,  or  a  majority  of  them,  shall 
row  money,  .fee.  ]^j^^Q  pQ^ygj.  to  *borrow  moucy  for  the  objects  of  this  Act,  to  issue 
cirtificates,  bonds,  or  other  evidences  of  such  loans,  and  to  make  the 
same  convertible  into  the  sjiock  of  the  Conif)any  at  the  pleasure  of 
the  holder:  Provided,  The -capital  stock  of  the  Company  shall  not 
thereby  be  increased  beyond  five  millions  of  dqjloi's;  also  to  mort- 
gage, or  otherwise  pledge  the  said  road,  and  anj*  of  the  property  of 
the  Company,  to  secure  such  loan  and  the  interest  thereon. 
pirectors  to  XATC.  That  the  Directors  shal],§)nce  in  every  year  at  least,  make 

pw-iwilcai'iy!  ^  ^""^^  report  on  the  state  of  the  Company  and  its  affairs,  to  a  general 
meeting  of  the  stockholders,  and  shall  have  power  to  call  a  general 
meeting  of  the  ^ockholders,  when  the  B(j^rd  may  «[ecm  it  expedient; 
and  the  Company  may  j)rovide  in  their  by-laws  for  occasional  meet- 
ings being  called,  and  prescribe  the  mode  thereof. 
Company  may        XVII.  That  the  s%id  Company  may  purchase,  have  a|Kl  hold,  in 

j.urchase  and  n  ^  r>  i        i  '  11.^ 

hold  lands,  &e.,  lee  or  for  a  term  Of  years,  any  lands,  tenements  or  hisrcditaraefllts, 
which  may  be  nece;^e.ary  for  the  business  oi'  the  said  road,  or  for  the 


OP  SOUTH  Cx\EOLTNA.  205 

erection  of  (lepositovics,  store  houses,  houses  for  the  officers,  sciTants     •^-  ^-  '^^• 
or  agents  of  the  Company,  or  for  work  shops  or  fonndi-ies,  to  be  used    ^       '* 
for  said  Company,  or  for  procurin<2;  stone  oi-  other  materials  neces- 
sary for  the  constrnetion  of  the  road,' or. for  effecting  transportation  • 
thereon,  and  for  no  otlier  pnqiose  whr.tever. 

XVIII.  That  said  Company  sliall  luive  the  ric;ht,  when  necessary,  uisiit  to  con- 
to  conduct  the  said  rftad  across  or  alonf^  any  public  road  or  water  :>''i'>^f  p'l'^i''' 

'  "  YOixd  or  water 

course:  Provided,  That  the  said  Companj'  shall  not  obstruct  any  <-oursc, &c. 
public  road,  without  constructinc^  another  equally  as  good,  and  as 
convenient  as  ma}'  be,  noi*  Avithout  making  a  draw  m  any  bridge  of 
said  road,  Avhich  may  cro?«  a  navigable  stream,  sufficient  for  the 
jiassage  of  yessels  navigating  said  stream,  \vhieh  di-aw  shall  be  opened 
b}'  the  Company  for  the^  free  passage  offvessols  navigating  said 
stream.  * 

XIX.  That  Avnen  any  lands  or  right  of  way  may  be  re([iiired  byi  (;ommission<^l■s 
said  Compan_-y^for  the  purpose  of  constructing  their  rOad,  and  for  ofi  to  demcie' 
want  of  agreement  as  to  the  A^alue  thereof,  cfv  fro-in  any  other  cause,  n'ghicfway. 
the  same  cannot  be  purcjiased  from  i\\$  owner  or  owners,  the  same 

may  be  taken  at  a  valuation  to  l)o  made  by  five  Comniissitners,  qn- 
a  majority  of  them,  to  be  appointed  by  any  Court  ofEccord  havihg 
common  law  jurisdiction,  in  tlie  county  or  district  where  some 
part  o^'  the  land  or  ri^ht  of  Avay  is  situated.  In  maldng  the  said  fi^'^^i, 
valuation,  the  said  Comm^sionei's  shall  take* into  coil^deratioii  tJie 
loss  or  damage  which  may  occur  to  the  owner  or  ov/ners,  in  con- 
sequence of  the  land  ^eing  taken,  or  the  right  of  wily  surrendered, 
and  also  the  benefit  and  advantage  sucll  owner  or  owners  may  re- 
ceive from  the  erection  or  establishment  of  the  railroad  oi'  work,  and 
shall  state,  particularly,  the  nature  antl  amount  *of  each,  and  the 
excess  of  loss  or  damage,  ovct  and  above, the  a(fvantagc  and  benefit, 
shall  form  the  measure  of  valuation  offftaid  hind  or  Tight  of  wnv: 
Provided,  npvcrthel^,  in  case  either  party  shall  appeal^rom  the  valua-  P'^^iMon  f. 
tion  to  the  next  seation  of  the  Court  granting  the  commiss^n,  jmkI 
giving  fifteen  days  notice  to  the  opposite  party  of  such  appeal,  the 
Court  shall  ^rder  a  new  valuation  to  be  made  by  a  jury,  who  sbalt 
be  charged  therewith  in  the  same  term.  Or  as  soon  as  possible,  and 
their  verdict  shall  be  final  and  conchisive  betwel^T  the  parties,  unless 
a  ncM'  ti'ial  shall  be  granted.  The  proceedings  of  said  Commissioners, 
accompanied  with  a  fall  ^scripfton  of  the  said  Jftinl  or  right  %f  way, 
shall  be  returned,  tllider  the  hands  rnd*  sfeals  of  a  majority  of  the 
Commissioners,  to  the  Court,  from  which  the  commission  issued,  there 
to  i^main  a  matter  of  recorf ;  and  the  land  or  right  ofway,  so  valued 


ioncr.?.  ^ 


k 


206  STATUTES  AT  LAKGE 

A.  D.  1863.      by  the   Commissioners,  shall  vest  in  the  said  Company,  discharged 
'  "^  from  all  pi'eviou.4  liens,  8(,)  long  as  the  same  shall  be  used  for  the  pur- 

poses of  said  railroad,  so  soon  as  the  valuation  may  be  paid,  or  where 
refused,  may  be  tendered :  Providled,  That  on  the  application  for  the 
appointment  of  Commissioners  iindcr  this  section,  it  Khali  be  made  to 
appear  to  the  satisfa^fition  of  the  Court,  that  at  Ipast  ten  days  pre- 
vious iiofice  has  been  given,  by  the  appliciints,  to  the  owner  or 
owners  of  the  land  so  proposed  to  bo  condemnefl;  or  if  the  owner  or 
owners  be  infants,  or  non  compos  mentis,  then  to  the  guardian  or 
committee  of  sucli  o^vners,  if  sue*  guardian  or  committee  can  be 
ibutfd  Avithin  the  county  or  distr'icf,  or  if  Ijc  cannot  be  so  found,  then 
such  appointment  shall  not  be  made,  unless  notice  of  the  application 
shall  have  been  publishe(Lat  least  one  moiith  next  pi'ccediug,  in  some 
ncAvsjiaper,  printed  as  convenient  as  m§,y  be  to  the  court  house  of  the 
county  or  district:  Provided,.  That  when  there  shall  %e  an  appeal,  as 
aforesaid,  from  the  valuation  of  Commissionoi's,  by  either  of  the  par- 
ties, the  same  shall. not  prevent  the  works  intended  to'e  constructed 
I'rom  proceeding.  But  when  the  appeal  is  made  by  the  Comjjany 
requiring  the  surrenSer,  they  shall  be  at  libet'ty  to  proceed  in  their 
Avork,  only  on  condition  of  giving  to  the  opposite  party  a  bond,  with 
good  secfirit}',  to  be  approved  by  the  Clerk  oi'  the  Court  where  the 
valuation  is  r<eturned,  in  a  penalty  equal  to  double  the  said  valuation, 
conditioned  foi'  thepayjnent  of  the  said  v,'dp.ation  and  interest,  m  case 
lh*s:^ie  be  su'stainedl,  and  in  case  it  be  reversed,  for  the  payment  of 
the  vahiation  thereafter  to  be  made  by  tlic  juryitind  coniirmed  by  the 
Court, 
Abpenoeofcon-  XX.  That  ill  tlic  abscnee  of  any  contract,  or  contracts,  with  the 
tive  evidence  said  Company,  in  I'elation  to'lands  through  Avhich  the  said  road  ol-  its 
conipimj;  by  branches  may  pass,  «gned  by  the  own*r  tliereof,  or  by  his  agent, 
or  any  claimant  or  person  ia  possession  thereof,  it  shall  be  jjresumed 
that  the  land  \xj>on  Avhich  the  said  road  or  any  o:Lits  branches  may 
be  constructed,  together  Avith  the  sjjaee  of  sixty-^\'e  feet  on  each  side 
of  the  *ntre  of  the  said  road,  has  been  granted  to  the  Company  by 
^le  OAvner  or  owners  thereof;  and  the  .said  ComjKiny  shiUl  have  good 
right  and  title  thereto,  and  shall  have,  lK)ld  and  enjoy  the  same,  as 
long  as  the  same  niajl  be  used,  oijl}'  fen-  the  pur])ose  of  said  railroad, 
Appiic-ition  for  disc h#i\gcd  IVoni  all.  persons'  lieijs,  and  no  longer,  unless  the  persoji  or 
m.w^brnuide  persous^wning  the  Said  land  at  the  time  t||at  part  of  the  said  road 
ttme!'^^'^''"  Avhich  may  be  on  the  said- land  Avas  finished,  or  ttiose  claiming  under 
him,  her  or  th^i,  shall  %pply  for  an  assessment  of  the  value  of  the 
said  land.s,  as  hereinbefore  directed,  within  one  }-ear  next  alter  Uiab 


OP  fiOVTH  OAROT.iXA.  207 

part  of  the  said  road  ^vas  finished;  and  in  case  the  said  owner  (*•     ^-  d- i^ea. 
owners,  or  those   claiming  under  him,  her  or  them,  shall  not  appl.y 
within  one  year  next  after  the  said  part  was  finished,  he,  she  or  thej' 
shall  be  forever  barred  from  recovering  the  said  land,  or  having  any 
assessment  or  conifJcnsation  tkerefor:  Provided,  That  nothintj  herein  Pmvisi.in  for 

'■  ,  '      /^    /.  n  y  I'cme  coverts  or 

contained  Shall  affect  the  rights  of  feme  coverts  or  infants,  until  two  ininnts. 
years  after  the  removal  of  their  respective  disabilities:  And  provided, 
also.  That  if  the  said  road,  or  any  part  thereof,  ^lould   be   sold  .at. 
execution  sale,  for  the  debts  of  the  said  Company,  or  othei-wise,  then^ 
and  in  tliat  cate,  all  the  right  and  |itle  to  che  land  Avhich  jjiay  have  Land  may  re- 
been  condemned  by  virtue  of  this?  A(^,  shaH  immediately  revert  to  i^foaJo ofsaio 
the  original  owner  or  owners,  unless  flie  purchaser  or  purchasers  at  Con'ipanyf 
such  sale,  shall  kce|)  up  the  road  for  the  vLf^a  f4  the  public,  in  the  same 
manner,  an(4  undgr  the  same  restrictions,  art„t>y  this  Act  it  is  contem- 
plated, "T!ic*Columbia  and  Augusta  Railroad"  sliould  do. 

XXI.  "Jihat  all  lands  met  heretofore  gratited,  nor  appropriated  b}' l.uiIi.s  not 
law  i^  the  use  oi  th«  State,  within  sixty-five  feet  of  the  centre  of  the  uniIp'''st;uo"t"'' 
roO|^  whicli  may  be  constrtfcted   by  vi\e  saii  Company,  shall  vest  in  Jmny'."  * '""' 
the  J^'ompauy  as  soon  as  the  line  of  the  road  is  definitely  laid  put 
through  it,  and  any  grant  of  the  same,  therealfei'*  shall  be  void.  ^ 

XXII.  That  if  anv  i)erson  or  persons  shall  iatrude  uion  tiie  fiiid  Persons  intru- 

»  '*'  ,-.  ^  iliiii;  ujioii  ro:id 

railroad,  by  any  manner  of  use  thereoli  or  of  the  risrhts  and  privilea'es  ''"'^i'- 1"  lorieit 

'     -^         -^  ^  ^  -l  .  ^       vatiicles,  and 

connected  therewith,  without  the  permission,  or  contra\ij"  to  the  will  indictable, 
of  said  Company,  he,  she,  or  they,  shall  forwith  foi'feit  to  the  said 
Company,  all  the  vehicles  that  may  be  intruded  on  the  s/iid  rofld,  and 
the  same  i^y  be  recovered  by  a  suit  at  law;  and  the  person  or  per- 
sons so  intruding  may  also  beindicted  for  misdemeanor,  and  upon  con- 
yiction,  fined  or  imprisoned  l\v  any  Court  of  conmetent  jurisdiction. 

XXIII.  That  if  any  person  shall  wil!"ully  and  maliciou^y  dcAtro.y,  I'^il^'j-ili'dlr''' 
or  in  any  manner,  hurt,  "araaiie,  oi-  obstruct,  or  shall  wilfuUv  oi- "o'* '" '"■"^' "'^''• 
ma'liciously  cause,  or  aid,  or  assist,  or  (^unsel,  or- advise  aii}'  other 

person  or  pe^ons,  to  destroy,  or  in  any.  manner  mii-t,  diUnage  »u- 
destroy,  injui*e  or  obsti'uct  the  said  railroad,  or  any  oridaje  or  vehicle 
used  for,  or  in  the  transportation  ttiereon,  such  person^or  persons, 
so  offending,  shall  be  liable  tqjfce  indicted'  tkerefor,  and  on  convic- 
tion shall  bo  imprisoned,  not  more  than  six,  nor  less  than  one  month, 
and  pay  a  fine  iftt  exceeding  five  hundred  dollars,  nor  less  than 
twenty,  at  the  discretion  of  the  Court  before  which  such , conviction 
shall  take  place;  and  shall  bi  further  liable  to  pay  all  the  expenses 
of  repairing  the  same,  and  it  shall  not  be  competent  for  any  person 
80  offending  against  the  provisions  of  this  clause,  to  defend  him- 


# 


208  STATUTES  AT  LARGE 

A.  1).  iscs.    ^^^.]f  \^y  pleadiii!^  or  ii;iving  in  evideace  that  he  was  the  owner,  or 

agent,  or  servant  of  the  owner,  of  the  land  where  such  destruction, 

hurt,  damage,  injury  or  obstruction  was  done  or  cauaed,  at  the  time 

the  same  was  done  or  caused. 

Obstructions  to     XXIV.  That  cverv  obstruction   to   the  safe  aiwl  free   passage   of 

road  (ieeinecl  a  ''  *  i        .    o 

piibiicnuisrtuce  veliicles  on  t lie  said  roud  and  its  braiu-hes,  shall  be  deeiaed  a  public 

and  ludif.'table.         .  '    ■'  ■"- 

nuisance,  and  may  be  abated  as  such,  by  any  oflieer,  agent,  or  servant 
oftlie  Company  0  and  the  person  causing  such  obstrnctifui  maybe 
indicted  and  punislied  for  erecting  a  pubHc  nuisance. 
compfiDsation       XXV. ^'hat  said  Corapai;v  sliail  have  tlie  right  to  liike  at  the  store 

for  £itoraj;e,  &.<:  ^  »        "  ' 

liouses  they  may  establish  oii,  or  annex  to  their  railroad,  or  tViC 
l)i'a)iches  thei'e(>f,  t\U  goods,  \\*res,  merchandise  and  produce  intended 
Ibr  transportation,  preikM-ibc  t.he  rules  of  priority  and  charge,  and  i*e- 
ceive  such  Just  and  reaiu'niiblc  compensation  for  storag(^  as  they,  by 
rule,  may  establisli,  (which  they  shall  cause  to  be  published),  fr  as 
may  be  lixed  by  agreement  with  thtrowiipr,  which  mayJje  distinct 
from  the  i-ates  of  transportation  :.  Provided,  that  t^e  said  Company 
shall  not  chaj'ge  or  re(#.uve  storage  om  goods,  wares,  merchandise^ 
01'  produce,  wliich  may  be  delivered  to  them  at  their  regular  d^osi- 
^  tories,  for  immediflt^  tran.sportation,  and  which  ftie  Company  may 

L'nnir  immediate]"' 


lufve  *he  }:^wer  of  k-am^porffng  immeaiatcjy. 
XXVI.  That  an}-  railroad  ^vhicl 


Reservation  of      XXVI.  That  au}'  railroad  ivhich  may  hei^after  be  constructed  by 

right  to  cross        .        r.    ■  i  /-,  •  i  i  i       t        •   i    ^  in 

tlie  road.  tuc  btatc,  oi"  by  any.  Compiiny  incorporated  by  the  Legislature,  shall 

be  at  liberty  tp  cross  the  road  hereby  allowed  to  be  constructed,  upon 
a  levdl  or  otherwise,  as  may  be  advantageous :  Provided,  that  the  free 
pa-ssage  of  the  'Cohimhi'a  and  Augusta  Eailrohd  is  noL  there  by  ob- 
structed. •  * 

Division  cf  pro-  XX VII.  That  the  proiits  of  the  Company,  or  so  much  tliereof  as 
■ '  tho' geijcml  Board  of  Directors  may  deem  advisable,  shall,  when  the 
affairs  of  the  Company  will  permit,  be  se#i-aiuiually  divided  amongst 
the  stockholders,  .in*i)roporiion  to  the  stock  each  may  own. 

Capital  ytock,       XXV^Ii.  T}#iL  the  ca])ital  stock  in  the  said  Company,  the  dividends 

tiividuuds  and  iiii,  i.  iiA'-_,i  -i 

pr(,perty  fx-  theiXM^n,  aiiu  all  T.lie  pro})erty,  real  and  personal,  beronging  to  the  said 
Company,  fliall  be  exempt  froaa  taxation  by  either  of  the  States  of 
Soutli  (Jarolina  or  Ge^prgia,  or  any  «^r])orate  or  municipal  police,  or 
other  authority  tliereof,  or  of  any  town,  city,  county  or  district  thereof, 
for  the  term  of  iittccn  years  :  Provided,  that  it  sh|jll  ije  competent  for 
the  Legislature  of  either  of  said  States,  at  any  J:ime  after  the  expira- 
tion of  the  period  aforesaid,  to  impos(^sueh.  tax  upon  the  estate,  both 
real  andper^nal,  of  the  aforesaid  Company,  as  they  may  deem  reason- 
able and' just,  not  exceeding,  hovvxver,  in  any  event,  the  tax  imposed 


alion. 


OF  SOUTH  CAROLINA.  209 

on  the  respective  citizens  of  said  States,  on  property  owned  by  them,     a.  d.  ises. 
of  a  similar  character.  "^ 

XXIX.  That  the  charter  heretofore  ST-anted  to  the  Columbia  and  Original  char- 

°  ter  to  continue 

Hamburg  Eailroad  Company  shall  continue  of  force,  except  in  so  far  of  force. 
as  it  may  be  repugnant  to  the  jn'ovisions  of  this  Act. 

XXX.  That  this  Acf  shall  be  regarded  as  a  public  Act,  and  may  be  public  Act. 
giveu  in  evidence  as  such  ife  all  cases,  without  special  pleading. 

In  the  Senate  House,  the  seventeenth  day  of  December,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 

'  eighth  year  of  the  sovereignty  and  indeppndence  of  the  State  Of 

South  Carolina. 


V 


W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Represejitatives. 


\ 


AX   ACT   TO  AMEND  THE  LAVf  IN   RELATION  TO  THE   GeNERAL  StAFF.     No.  4678. 

« 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  office  of  Ptiy- 

''  •  r>     1       iTiiister  General 

met  and  sitting  in  General  Assembly,  and  by  the  axithoi-ity  of  the  .Hboiished,  and 

-  *^  ,  •'  '  "^      .  "^  duties  trans- 

same,  "rhat  the  office  of  Paymaster  General  be,  and  the  same  is  hereby,  ferred,  4c. 

abolished,  and   that  the  Quartermaster   General  be,  and   is  hereby, 

charged  with  its  duties  ;  and  that  the  duties  heretofore  performed  by 

the  Ordnance  Officer  be  hereafter  performed  by  the  Arsenal  Keepers 

of  Charleston  and  Columbia,  under  the  supervision  of  tlwe  Adjutant 

and  Inspector  General. 

II.  That  the  Adjutant  and  Inspector  General,  the  Quartermaster  ^rai'^|[^ff  e?f"' 
General,  and  the  Commissary  General,  be  each  entitled  to  one  assistant,  tied  to  assist- 
with  the  rank  of  Captain  of  Infantry,  to  be  appointed  and  commis- 
sioned by  the  Govfrnor  and  Commander-in-chief,  and  that  the  Com- 
missar}" General  be  authorized  to  employ  one  clerk,  to  receive  a  salary 

of  fifty  dollars  per  month. 

III.  That  the  pay  of  the  Adjutant  and  Inspector  General,  and  such  ^^'^f^^lf'X 
oth(fr  officers  of  the  General  Staff  as -may  be  assigned  and  put  upon  ^ene{;a\st^^ff' 
duty   by  the  Governor  and  Commander-in-chief,  and  the  assistants  sistants. 
provided  for  by  this  Act  shall,  during  the  continuance  of  the  war 
between  the  Confederate  States  of  America  and  the  United  States  of 
America,  be  the  rates  of  pay  and  compensation  established  by  the  Act 


210  STATUTES  AT  LARGE 

A.  D.  1S63.     Qf  ^j^g  Confederate  States,  aad  the  ai'iny  regulations  of  the  Confederate 
^  States,  for  officers  of  a  similar  grade  in  the  field,  to  wit :  The  Adjutant 

and  Inspector  General,  three  hundred  and  one  dollars  per  month,  the 
Quartermaster  General  one  hundred  and  ninety-five  dollars  per  month ; 
the  Commissaiy  General  one  hundred  and  seventy  dollars  per  month; 
the  Assistants  of  the  Adjutant  and  Inspector  General,  the  Quarter- 
master General,  and  the  Commissary  General,  one  hundred  and  thirty 
dollars  per  month,  each. 
Acts  at5d  clans-      lY.  That  all  Acts  andclauscs  of  Acts  inconsistent  with  the  pro- 

68  repealed.  ... 

visions  of  this  Act  be,  and  the  same  arc  hereby,  repealed. 

• 
In  th^  Senate  House,  the  seventeenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eii!;ht  hundred  find  sixty-three,  and  in  the  eighty- 
eighth  year  of  the  sovoreigntyiind  independence  of  the  State  of  South 
Carolina. 

^Y.D.VOHTER,Freside7ltofthe.Se)lafe. 

A.  P.  ALDEICH,  Speaker  House  of  Representatives. 


No.  4679.     AjST  ACT  to  grant  the  aid  of  the  Statk  to  the  Shkley  and  Broad 

EiVER  Eailroad  Company.  • 

Comptroller  I-  -^^  ''-^  exacted  \)j  the  Senate  and  House  of  Eepresentativ*?,  now 

^e'rib^lVcapitai  ^^^^  *^^^  Sitting  in  General  Assembly,  and  by  the  authority  of  the 

siock.  same,  That  whenever  satisfactory  pi-oof  is  produced  to  the  Comptroller 

General  that  three  hundred  thousand  dollars  are  duly  subscribed  by 

responsible  persons  or  cor}3orate  bodies,  to  the  capital  stock  of  the 

Shelby  and  Broad  Eiver  Eailroad  Company,  and  that  said  Company 

has  been  duly,  organized,  he  is  hereby  authorized  to  subscribe  on  the 

part  of  the  State,  three  hundred  thousand  dollars  to  the  capital  stock 

of  the  said  Compaq}',  to  be  paid  in  bonds  or  stocks  of  the  Confederate 

States  of  America,  bearing  interest  at  the  rat6  of  six  per  cent,  per 

Provision  for     annum,  or  call  loan  at  the  par  valtie  thereof;  and  that  for  the  purpose 

seript'ion!"        of  making  such  subscription,  the  Conjptroller  General  be,  and  he  Is 

hereby,  authorized,  to  sell  of  the  shares  OAvned  by  the  State  in  the 

Greenville  and  Columbia  Eailroad  Company,  a  sufficient  amount  to 

raise  said  sum  of  three  hundred  thousand  dollars :  Provided,  That  said 

shares  shall  not  be  sold  beloAv  their  par  value,  to  purchase  a  sufficiency 


OF  SOUTH  CAROLINA.  211 

of  said  bonds  or  stocks,  or  call  loan,  for  that  purpose,  and  the  same  to     ^-  ^- 1^*^*^- 

deposit  as  a  special  deposit  iu  the  Bauk  of  the  Stae  of  South  Carolina,        "  ^ 

to  be  subject  to  his  order,  and  to  be  applied  by  him  to  the  payment  of 

the  said-  subscription,  as  hereinafter  provided.     And  that  he  take,  iu 

the  name  of  the  State,  a  certificate  li-^m  the  said  Company  for  the  • 

stock  so  subscribed. 

II.  That  the  subscription  shall  be  paid  in  the  manner  and  subject  conditions  of 
to  the  terms  and  conditions  hereinafter  expressed,  to  wit:  Whenever  ''*^""''^'" 
satisfactory  proof  shall  be  produced  to  the  Comptroller  General  that 
ten  miles  of  the  said  Shelliy  and  Broad  Kiver  Railroad  Compan}-  has 
been  gi'adcd  a^d  ready  for  the  superstructure  to  be  laid  thereupon, 
he  shall  transfer  and  deliver  to  the  said  Company  so  much  of  the  said 
Oonfedeilite  six  per  cent,  stock  or  bonds,  or  call  loan,  as  shall  amount 
at  its  par  value  to  sixty  thousand  dollars,  together  with  the  accrued 
interest  thereupon  ;  and  when  similair  proof  shall  be  produced  to  the 
Comptroller  General  that  another  ten  miles  of  the  said  road  has  been 
graded,  and  is  ready  for  the  superstructure  to  be  laid  thereupon,  he 
shall  transfer  and  deliver  to  the  said  Company  so  much  of  the  said 
Confederate  six  per  cent,  stock  or  bonds,  or  call  loan,  as  shall  amount 
at  its  par  value  to  sixty  thousand  dollars,  together  with  the  accrued 
interest  thereupon ;  and  when  similar  proof  shall  be  produced  to  the 
Comptroller  General  that  another  ten  miles  of  the  said  road  has  been 
graded,  and  is  ready  for  the  superstructure  to  be  laid  thereupon,  he 
shall  transfer  and  deliver  to  the'  said  Company  so  much  of  the  said 
Confederate  six  per  cent,  stock  or  bonds,  or  call  loan,  as  shall  amount 
at  its  par  value  to  sixty  thousand  dollars,  together  with  the  accrued 
interest  thereupon ;  and  when  similar  proof  shall  be  produced  to  the 
Comptroller  General  that  another  ten  miles  of  the  said  road  has  been 
graded,  and  is  ready  for  the  superstructure  to  be  laid  thereupon,  he 
shall  transfer  and  deliver  to  the  said  Company  so  much  of  the  said 
Confederate  six  jier  cent,  stpck  or  bonds,  or  call  loan,  as  shall  amount 
at  its  par  value  to  sixty  thousand  dollar's,  together  with  the  accrued 
interest  thereupon;  and  when  siniiUxr  proof  is  produced  to  the  Comp- 
troller General  that  the  remaining  part  of  tlie  said  road  has  been 
graded,  and  is  ready  for  the  superstructure  to  be  laid  thereupon,  he 
shall  transfer  and  deliver  to  the  said  Company  so  much  of  the  said 
Confederate  six  par  cent,  stock  or  bonds,  or  call  loan,  as  shall  amount 
at  its  par  value  to  sixty  thousand  dollars,  together  with  the  accrued 
interest  thereupon. 


212 


STATUTES  AT  LARGE 


A.  D.  1863.  III.  That  the  State  shall  in  no  way 'whatsoever  be  liable  for  the 
state  not  liable  ^^^^^  ^^'^^^  contracts  of  the  Said  Railroad  Company,  nor  be  subject  to 
for  debts,  &c.     any  assessment  on  the  shares  held  in  its  capital  stock. 

In  the  Senate  House,  the  seventeenth  dny  of  December,  in  the  year  of  our 
f  Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 

eighth  year  of  the  sovereignty  and  independence  of  the  Stale  of 
South  Carolina. 

W.  D.  POETEE,  President  of  the  Senate. 

A.  P.  ALDEICH,  Speaker  ilouse  of  Rerpresentatives. 


Xo.  4680. 


AN   ACT    TO   ESTARLJSH   CERTAIN   EOADS,  BRIDGES  AND  FeRRIES. 


Eight  to  con-         I.  Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives,  now 

Htruct  new  •  /i 

biidge across  met  and  Sitting  in  General  Assembly,  and-  by  the  authority  of  the 
same.  That  the  "Magnetic  Iron  Company,"  heretofore  chai'tered  by 
the  General  Assembly,  shall  have  the  right  and  authority  to  erect  and 
build. a  bridge  across  Bro^d  river,  near  Cherokee  Ford,  on  said  river, 
with  the. right  to  receive  such  toll  for  crossing  the  same  as  is  estab- 
lished by  "An  Act  establishing  the  principles  on  M'hich  Companies  shall 
be  incorporated,"  passed  on  seventeenth  December,  eighteen  hundred 
and  twenty-seven ;  that  the  said  Company  shall  not  build  thi  said 
bridge  on  the  site  of  the  present  ford  of  the  river,  or  so  as  to  obstruct 
the  passage  through  the  same;  that  the  said  Company  shall  have  the 
right  and  privilege  to  lay  out  and  open  roads  from  both  ends  of  the 
•^  bridge  to  the  road  leading  to  the  ford,  by  the  shortest  and  most  con- 
venient route,  at  their  own  expense,  and  without  cost  to  the  State 
for  the  right  of  way  to  said  roads ;  and  when  the  said  bridge  and 
roads  shall  have  been  built  and  opened,  the  same  ai-e  hereby  declared, 
to  be  a  public  bridge  and  highway. 

II.  That  Maleom  Erwin  be,  and  he  is  hereby,  authorized  and  em- 
powered to  build  a  bridge  across  Saluda  Eiver,  at  his  mills  thereon, 

aroad'"^'^  °P®°  (formerly  called  Smith's  mill,)  and  shall  have  the  right  to  charge 
such  toll  for  passing  thereon  as  is  established  by  the  Act  of  the  Gen- 
eral Assembly,  ratified  on  the  seventeenth  day  of  December,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  twenty-seven;  and 


Right  to  pon- 
struct  bridge 
across  Saluda 


OF  SOUTH  CAROLINA.  213 

shall  have  the  right  aud  authority  to  lay  out  and  open  a  road  from  -^-  ^-  ^^®^- 
the  said  bridge  ,to  the  Geeenville  road,  about  two  miles  long,  and 
three-quarters  of  a  mile  on  the  Abbeville  side  of  the  river,  by  the 
nearest  and  most  convenient  route,  at  his  own  expense,  and  without 
cost  to  the  State,  for  thQ  right  of  way;  that  when  the  said  road  shall 
have  been  finished,  it  is  hereby  declared  to  be  a  public  road,  and  shall 
be  taken  under  the  jurisdiction  of  the  Commissioners  of  Roads. 

III.  That  the  eighteenth  section  of  au  Act,  entitled  ''An  Act  to  Eighteenth sec- 

.  1     r>       •       ij  -.  tion  of  Aot  re- 

establish  certain  roads,  bridges  and  femes,    ratitied   on  the  seven-  pealed. 

teenth  day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 

hundred  and  fift3'-five,  be,  aud  the  same  is  hereby,  repealed;  that  the 

Commissioners  of  Eoads  for  Georgetown  district  and  Kingston  parish  Commisaioners 

*-"  ox  01  RoiKt:' to  con- 

be,  and  they  are  hereb}',  directed  and  required  to  tal|e  under  their  t!"o'  ""^""^^  ^\^^- 

charge  and  control,  the  roads  mentioned  in  the  said  section,  lying  section. 

and  being  in  their  respective  jurisdictions,  as  public  roads. 

IV.  That   the  Commissioners  of  Eoads  for  Upper   St.  ijturtru's  Power  to  close 

^  ^  ^        road. 

parish  be,  and  they  are  hereby,  authorized  and  empowered  to  discon-      • 
tinue  and  close,  during  the  existing  war,  and  for  no  long^  time,  that    # 
part  of  the  river  road  leading  from  the  lower  line  of  Wharton  and 
Petsche's  mill  to  T.  W.  Harley's  house;  and  they  are  hereby  author- 
ized and  I'cquired  to  open  and  keep  in  repair,  during  the  present  war, 
and  no  longer,  the  road  known  ^  ''Boss  road,"  leading  from  the  said  ^ 

river  road  to  the  Orangeburg  road. 

Y.  That  the  fcrrv  across  Big  Saluda   river,  in   Edgefield  district,  Bouknighfs 

"  "  o  >  ferry  ve-estab- 

known  as  Bouknight's  ferry,  on  the  road  known  as  the  Weaver  road.  Hshed. 
leading  from  Hamburg  to  Newberry  Cdurt  House,  bo,  and  the  sam* 
is  heieby,  re-established,  and  vested  in  William  Bouknight,  for  the 
space  of  twenty-one  years,  Avith  the  rates  of  toll  for  crossing  thereon, 
as  are  established  by  the  Act  of  the  General  Assembly,  passed  in, De- 
cember, in  the  year  of  our  Lord  one  thousand  eiglit  hundred  and 
tAventy-seven. 

YI.  That  each  Commissioner  of  Roads  now  in  office,  or  hereafter  commissioners 

'  of  Roads  to 

a])pointed,  shall  serve  until  a  successor  is  appointed,  and  has  accepted,  "ei'^e  dmicg 
This  section  to  be  in  fA'ce  during  the  war. 

In  the  Senate  House,  tlie  seventeentli  day  of  Dedlmber,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
eighth  year*  of  the  Govefeignty  and  independence  of  the  State  of 
South  Gerolina. 

\V.D.TOB,TER,  President  of  i^  Senate. 

A.  P.  ALDJRICH,  SpBrtier  House  of  Representatives. 


214 


STATUTES  AT  LAEG-E 


A.  D.  1863. 

No.  468.1. 

Power  to  ex- 
port und  im- 
port. 


Amount  of 
Capital  Stock. 


Capital  Stock, 
how  raised,  &c, 


Board  of  mana- 
gers. 


Power  to  sell 
and  transfer. 


Power  to  make 

laws  and  regu- 
lations. 


AX  ACT  TO  Incorporate  the  Chicora  Importing  and  Exporting- 
Company  of  South  Carolina. 

I.  Be  it  enacted  by  the  Senate  and  House  of  Kcj^rosentativos,  now 
met  and  sitting  in  General  Afssembly,  and  by  the  authority  of  the 
same,  That  A.  S.  Johnston,  6.  S.  Cameron,.  T.  J).  Wagnci\  and  their 
associates  and  sftccessora,  be,  and  they  are  hereby,  made  a  body  politic 
and  corporate  in  law,  by  the  name  of.  "  The  Chicora  Imparting  and 
Exporting  Company  of  South  Carolina;"  and  the  said  Company  shall 
have  power  to  export  produce  from  this  State  to  neutral  ports,  and 
import  into  this  State  from  neutral  ports,  arms,  munitions  of  war, 
and  other  commodities,  and  also  to  bring  and  carry  mails  and- passen- 
gers in  their  \^S8els. 

II.  The  capital  stock  of  the  said  Company  shall  be  two  millions 
two  hundred  and  fifty  thousand  dollars,  with  the  privilege  of  increasing 
the  same  to  three  million  dollars :  Provided,  such  increase  shall  be 
agreed  to  b}^  a  majority  in  number  of  the  stockholders. 

III.  The  fapital  stock  shall  be  raised  by  subscription,  in  shares  of 
one  thousand  dollars  each,  but  the  said  Company  shall  not  go  into 
operation  until  the  said  stock,  to  the  amount  of  at  least  two  hundred 
thousand  dollars,  has  been  paid  i^i  cash,  and  an  oath. or  affirmation 
thereof  shall  have  been  made  and  subscribed  by  the  President  of  the 
Company,  the  Treasurer,  and  a  majority  of  the  Board  of  Directors, 
wliich  shall  be  lodged  and  recorded  in  the  office  of  the  Secretary  of 
the  State,  and  shall  be  published  in  two  newspapers  of  the  city  of 
Cliarlcston. 

lY.  The  affairs  of  the  Company  shall  be  managed  by  a  Board,  con- 
sisting of  a  President  and  four  Directors,  who  shall  be  elected  in  such 
manner  and  for  such  periods  as  the  stockholders  may  prescribe. 

Y.  The  said  capital  stock  shall  be  deemed  personal  estate,  and  the 
Company  may  hold  such  personal  property  as  may  be  necessaiy  for 
the  purposes  of  their  business,  and  ma}",  from  time  to  time,  sell  a,nd 
transfer  the  same,  or  any  part  thereof 

YI.  The  said  Compau}^  i^^y?  ^.Y  its  Corporate  name,  be  plaintiff  or 
defendant  in  any  Court  of  Law  or  Equity  in  this  State,  and  may  have 
and  use  a  common  seal,  and  niake  such  by-laws  and  regulations  for 
their  government  as  they  shall  see  fitji  with  full  power  to  enforce  the 
due  observance  thereof  upon  their  members :  Provided,  said  laws  are 
not  inconsistent  with  the  Constitution  and  laws  of  this  State  and  the 
Confederate  States. 


OF  SOUTH  CAROLINA;  21  f) 

VII.  No  part  of  tlie  capital  stock  shall  at  auy  tirao  be  withdrawn  •^•^-  ^^^5- 
by  a  dividend  among  the  Stockholders,  until  all  the  debts  and  liabili-  ^^^^  amnia- 
ties  of  the  corporation  shall  have  been  fully  paid  off  and  discharged,  ^ii^ties. 

In  the  Senate  House,  the  sevonte^enlh  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  an*  sixty-three,  and  in  the  eic;hty- 
eii^hth  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speahwr  House  of  Representatives. 


AN   ACT   IN   RELATION    TO  *THE   SOTJTilkRM   ExPRESS  CoMPANY,  AND  TO  No.  4682. 

PROVIDE  Additional  Remedies    for  the  Defaults  op  Common 
Carriers.  % 

I.  Be  it  enacted  hy  l\\Q  ^Qnxskio  and  House  of  Representatives,  now  service  of  pvo- 
met  and  sitting  in  General  j^ssembly,  and  by  the  authorit}- of  the 

same,  That  process  served  .on  any  agent  of  the  copartnership,  com- 
pany, or  firm  doing  business  in  this  State,  under  the  name  and  style 
of  the  "Southern  Express  Company,"  shall  be  sufficient  to  make  sucli 
copartnership,  company,  or  finti,'a  party  in  the  Court  of  Law  or  Equitv 
in  the  district  in  which  such  agent  may  be  served. 

II.  That  on  judgment  tr  decree  obtained  against  such  copartner-  LjsbUity  under 

,  .  "        «  1  1  ,^1  .  final' process. 

ship,  company,  or  nrm,  under  such  process,  Imal  process  may  issue^o 
recover  satisfaction  of  such  judgment  or  decree,  and  txr^j  property-  of 
the  said  copartnership,  company,  or  fiifn,  aiti  the  individual  property 
of  any  copartner  or  member  of  sueh  parti^rship,  company,  orl^^nu, 
found  in  the  State,  shall  be  liable  to  judgment  and  e:cecution  for  satis- 
faction of  any  such  judgment  or  i^ecree. 

III.  That  in  any  action  against  any  common  carrier,  by  raik'oad  or  Affidavit  mny 
otherwise,  whether  the  same  be  an  incorporated  railroad  eorapan}-,  or  t'loii'ag'unsr 
an  incorporated  company,  or  .an  individual  or  unincorporated  associa-  <^""""''° '''*'^' 
tion  of  individuals,  undertaking  to  carry,  in  whole  or  in  part,  by  rail- 
road or  otherwise,  if  tlie  plaintiff  shall  file  with,  his  declai-ation  a  state- 
ment on  oath  of  the  facts,  and  of  the  amount  of  loss  or  dfyhage  sus- 
tained, (a  copy  of  which  shall  be  served  asiiereinbefore  provided  for 
the  sei'vice  of  process  in  actions  against  the  Southern  Express  Com- 
pany,) the  said  alftdavit  shall  be  given  to  the  jury  as  evidence  in  the 
case  :  Provided,  that  the  defendant  shall  be  at  liberty,  within  thirty  days 
thereafter,  to  file  with  his  plea  an  affidavit,  denying  the  truth  of  the 


ners. 


216  STATUTES  AT  LARGE 

A.  D.  18C3.     same,  in  which  case  both  affidavits  shall  be  submitted  as  evidence  to 

the  consideration  of  the  jury:  And  provided,  also,  That  in  addition  to 

the  evidence  allowed  aljove,  all  common  law  evidence  shall  be  admitted 

in. said  case. 

Duties  of  com-       ^^"  ^^^^^  when  any  association  of  individuals,  not  having  a  charter 

mon  carriers  to  from,  this  State,  shall  undertake  to  carrv  for  hire  by  railaoad,  in  whole 

publish  names  '  -  j  ~^       ■> 

or'a'i^ult'Titr^  °^"  ^^  P^^'^'  ^'^^  ^^^^  individuals  are  hereby  required  to  publish,  in  three 
«sted  in  busi-  ncAvspapers  of  this  State,  a  correct  list,  to  be  sworn  to  before  one  of 
the  Clerks  of  Common  Pleaf  and  General  Sessions  in.thisState,  of  the 
names  and  residences  of  the  parties  interested  in  the  business  of 
carrying,  the  said  list  to  appear  at  least  once  in  two  months  during 
the  time  they  are  engaged  in  said  business,  and  all  persons  thus 
engaged  in  the  business  of  common  carriers,  foiling  to  make  such 
publication,,  shall  be  deemed  guilty  of  a  misdemeanor,  and  liable  to 
indictment.  '  • 

t 

In  the  Senate  House,  the  seventeenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  arid  sixty-three,  and  in  the  eighty- 
eighth  year  of  the  F.overeignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  POETEE,  President  of  the  Senate. 

A.  P.  ALDEICH,  Speaker  Mouse  of  Representatives. 


iNo.  4683.     Alf  ACT  to  amend  an  ^ct,  iIntitled  "  An  Act  to  increase  the  fees 
OF  Sheriffs  for  dieting  persons  confined  in  Jail." 

Fees  for  dieting  I.  Be  it  enacted  ^\)y  iho  Senate  and  House  of  Eepresentatives,  now 
•  .met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the 
same,  Thai;  an  Act^  entitled  "  An  Act  to  increase  the  fees  of  Sheriffs 
for  dieting  persons  confined  in  jail,"  ratified* on  the  sixth  day  of 
Pebruaiy,  in  the  year,  of  our  Lord  one  thousand  eight  hundred  and 
sixty-three,  be,  and  the  same  is  hereby,  alterM  and  amended  to  read 
as  follows,  to  wit :  That/-  the  Sheriffs  shall  hereafter  be  entitled  to 
charge  and  receive,  for  dieting  white  persons  confined  in  jail,  one 
dollar  per  day,  each ;  and  for  dieting  slaves  or  fre§  persons  of  color, 
■eighty  cents  per  day,  each. 


OF  SOUTH  CAROLINA.  217 

II.  That  this  Act  shall  continue  offeree  until  the  first  day  of  Janu-  ^'^'  ^*  " 
ary,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-  Limitation  .i" 
five,  and  no  longer.  ■'^'^'' 

In  the  Senate  House,  the  seventeenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
eighth  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Seriate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


AN   ACT   TO   REFUND   TO   THE   SOLDIERS'  BoARD  OF  RELIEF  FOR  MAR^--  Nq.  4684. 

BORo'  District  money  advanced  by  them. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives,  now  met  Assessment  on 
and  sittinsr  in  General  Assembly,  and  by  the  authority  of  the  same,  'a'^e  amount 

°  >/  '  J  J  >  expended  over 

That  the  Soldiers'  Board  of  Relief  for  the  district  of  Marlboro',  be,  appropriation. 
and  they  are  hereb)',  authorized  to  make  an  assessment  upon  the 
general  State  tax  of  the  said  district  fo»  the  past  year,  which  shall  be 
suiiicient  to  raise  the  amount  expended  by  the  said  Board  for  the 
relief  of  Soldiers'  Families  in  said  district,  over  and  above  the  amoimt 
of  tli^  appropriation  made  by  the  General  Assembly  for  that  pur])Ose; 
and  that  the  Tax  Collector  for  said  district,  where  furnished  with  a 
written  order  from  said  Board,  do  collect  and  pay  over  the  sum  so  assess- 
ed, to,  and  in  relief  of,  the  said  Board,  on  account  of  money  heretofore 
advanced  and  expended  by  them  for  the  purposes  aforesaid. 

In  the  Senate  House,  the  seventeenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
eighth  year  of  the  sovereignty  and  independence  of  the  State  of  Sopth 
Carolina. 

\Y.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 

* 

28 


218  "  STATUTES  AT  LARGE 


A.  D.  1863. 

No.  4685. 


AN    ACT   TO    EXTEND   AN   ACT,   ENTITLED     "  An    AcT   TO   CONTINUE   IN 

FORCE  'An  Act  entitled  An  Act  to  authorize  certain  Build- 
ing AND  Loan  Associations  to  suspend  the  call  for  Monthly 
Instalments,'"  during  the  present  avar. 


Act  re-enacted  "'■•  -^^  it  €.nacted  by  the  Senate  and  House  of  Eepresentatives,  noAV 
force?**^^  **^  met  and  sitting  in  General  Assembl}-,  and  by  the  authority  of  the 
same,  That  an  Act,  entitled  "An  Act  to  continue  of  force  an  Act, 
entitled  an  Act  to  authorize  certain  Building  and  Loan  Associations 
to  suspend  their  call  for  monthly  instalments,"  ratified  on  the  sixth 
day  of  Februaiy,  in  the. year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-three,  be,  and  the  same  is  hereby,  re-enacted  and  made  of 
force,  until  the  close  of  the  war  between  the  Confederate  States  and 
the  United  States  of  America,  and  until  the  next  regular  session  of 
the  Legislature  of  this  State  thereafter. 

In  the  Senate  House,  the  seventeenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
eighth  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  POETEE,  President  of  the  Senate. 

A.  P.  ALDEICH,  Speaker  House  of  Bepresentatives. 


Ko.  4686.     AN  ACT  to  authorize  the  Tax  Collectors  op  Beaufort  District 

to  pay  over' to  the  "Soldiers'  Boards  or  Relief"  certain  funds 

in  their  hands. 

* 
Tax  Collectors       I.  Be  it  enoctedhj  tho  Setiate  and  House  of  Eepresentatives,  now 

over'funds°itr^  met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the 

proportion  con-  Same,  That  the  Tax  Collectors  of  the  several  2')arishes   in  Beaufort 

district  be,  and  they  are  hereby,  authorized  and  required  to  pay  over 

^nd  distribute  among  the  "  Soldiers' Boards  of  Eelief"  of  the  different 

parishes  of  Beaufort  district,  in  the  j^roportion  contributed  by  each 

parish,  any  funds  now  in  hands,  collected  and   deposited  there   by 

order  of  the  late  Provost  Marshal  of  said  district^  to  be  disbursed  by 


OF  SOUTH  CAROLINA.  219 

said  Boards  for  the  benefit  of  soldiers'   families :  Provided,  however,     ^-  ^-  '^^^^ 
That  all  claims  lawfully  paj-able  therefrom  be  lii'st  satisfied  '"^"""^ 

In  the  Senate  House,  the  seventeenth  day  of  December,  in  tjie  year  of  our 
-  Lord  one  thousand  eight  hundred  and  sixty  three,  and  in  the  eighty- 
eighth  year  of  the  sovereignty  and  independence  of  the  State    of 
South  Carolina. 

•  W.  D.  POETEE,  Pi-esidrM  of  the  Senate. 
■    A.  P;  ALDEICH,  Speaker  Souse  of  Representatives. 


AN     ACT     TO     ALTER    THE    LaW    IX  RELATION    TO    THE    ELECTION   OF  No.  4687. 

District  Officers. 

I.  Be  it  enacted,  by  the  Senate  and  House  of  Eepresentatives,  now  Day  of  oiectioa 
met  and  sitting  in  General  Assembly,  and  b}^  the  authoritj'  of  the     ^^^^  " 
same,  That  from  and  after  the  first  day  of  February  next,  ensuing, 

after  the  ratification  of  this  Act,  elections  for  all  district  ofliccrs,  who 
are  elected  by  the  people,  shall  be  held  on  Tuesday,  instead  of  ]Mo!iday, 
as  heretofore.  * 

II.  That  in  all  elections  held  iu  this  State,  it  shall  be  the  dut}^  of  Duty  of  Mana- 
the  managers  of  elections  to  keep  the  polls  open  for  the  rece])tion  of  ^^"' 
votes  from  9  o'clock,  a.  xM.,  to  4  o'clock,  p.  m.,  and  immediately  after 

closing  the  polls  the  said  managers  shall  proceed  to  count  the  Votes, 
as  is  now  required  by  Uiav  in  other  elections. 

In  the  Senate  House,  the  seventeenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
eighth  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  POETEE,  President  of  the  Senate. 

A.  P.  ALDEICH,  Speaker  House  of  Representatives. 


AN   ACT   TO   ALTER  AND  AMEND  THE  CHARTER   OF   THE   ChERAW  AND  No.  4688. 

Darlington  Railroad  Companv. 

I.  Be  it  enacted  by  the  Senate  and  IIous^  of  Representatives,  now  pifih  section  of 
met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  **^' "™®"****^' 


220  STATUTES  AT  LAKGE 

A,  D.  1863.  game,  That^ection  five  of  an  Act,  entitled  "  An  Act  to  charter  the 
Cheraw  and  Darlington  Eailroad  Company,"  ratified  the  nineteenth 
day  of  December,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  forty-uine,  be  amended  so  as  to  read  as  follows,  to  wit :  That 
all  the  powers,  rights,  and  privileges  granted  by  the  charter  of  the 
Northeastern  Railroad  Company,  are  hereby  granted  to  the  Cheraw 
and  Darlington  Eailroad  Company,"  and  subject  to  the  conditions 
therein  contained,  except  as  to  the  amount  of  capital  stock,  and  ex- 
cept in  so  far  as  the  special  provisions  of  this  Act  may  otherwise  re- 
.    quire  the  same  to  be  modified  or  varied. 

Election  of  H.  That  there  shall  be  elected,  annually,  a  President  and  ten  Di- 

rectors,  who  shall  be  eligible  from  the  body  of  stockholders,  irrespect- 
ive of  the  amount  of  stock  or  time  of  holding  the  same,  in  the  manner 
prescribed  by  the  third  section  of  the  Act  incorporating  said  North- 
eastern Eailroad  Company. 

chavsernotsub-      III.  That  this  charter  shall  in  no  wise  be  subject  to  the  provisions 

ject  '0  previous 

law.  of  the  forty-first  section  of  the  Act  of  the  General  Assembly  of  South 

Carolina,  passed  on  the  seventeenth  day  of  December,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  forty-one. 

In  the  Senate  House,  the  seventeenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
eighth  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 
•  "    A.  P.  ALDRICH,   Spealier  House  of  Representatives. 


No.  4689.     AN  ACT  to  incorporate  the  Charleston  Ibipgrting  and  Export- 
ing Company. 

Power  to  ex-  I.  Be  it  enacted  \)j  the  Senate  and  House  of  Representatives,  now 
port.'*"  '™"  met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the 
same,  That  Henry  Cobia,  Alonjo  J.  White,  C.  L.  Burkmyer,  L.  D. 
Mowry,  and  their  associates  and  successors,  be,  and  they  are  hereby, 
made  a  body  politic  and  corporate  in  law,  by  the  name  of  "  The 
Charleston  Importing  and  Exporting  Company ;"  and  the  said  Com- 
pany shall  have  power  to  export  produce  from  this  State  to  neutral 


OF  SOUTH  CAROLINA.  221 

ports,  and  import  into  this  State,  jfrom  neutral  porta,  arms,  munitions      A.n.ises. 
of  "war,  and  other  commodities,  and  also  to  bring  and  carry  mails  and  ^  ^ 

passengers  in  their  vessels. 

II.  The  capital  stock  of  the  said  Company  shall  be  two  millions  of  Amount  of 

in  •  ■,       ■,  .,  ,,   ■  •  at_  1    *  -ii-  capital  stock. 

dollars,  with  the  privilege  of  increasing  the  same  to  three  millions 
dollars :  Provided,  Such  increase  shall  be  agreed  to  by  a  majority  in 
number  of  the  stockholders. 

III.  The  capital  stock  shall  be  raised  by  subscription,  in  shares  of  Capital  stock, 
one  thousand  dollars  each  ;  but  the  Company  shall  not  go  into  opera- 
tion until  the  said  stock,  to  the  amount  of  at  least  two  hundred  thou- 
sand dollars,  has  been  paid  in  cash,  and  an  oath  or  affirmation  thereof 

shall  have  been  made  and  siAscribed  by  the  President  of  the  Com- 
pan}",  the  Treasurer,  and  a  majority  of  the  Board  of  Directors,  which 
shall  be  lodged  and  recorded  in  the  office  of  the  Secretary  of  State, 
and  be  published  in  two  newspapers  of  the  city  of  Charleston. 

IV.  The  affairs  of  the  Company  shall  be  manii!j;ed  by  a  Board,  con-  Board  of  Mana- 
sisting  of  a  P^iesident  and  four  Directors,  who  shall  be  elected  in  such  ^''^'" 
manner,  and  for  such  periods,  as  the  stockholders  may  prescribe. 

V.  The  said  capital  stock  shall  bo  deemed  personal  estate,  and  the  Power  to  .=011 
Company  may  hold  such  personal  propert}^  as  may  be  necessaiy  for  stock. 

the  purposes  of  their  business,  and  may,  from  time  to  time,  sell  and 
transfer  the  same,  or  any  part  thereof. 

YI.  The  said  Company  may,  by  its  corporate  name,  be  plaintiff  or  Power  to  make 
defendant  in  any  court  of  law  or  equity  in  this  State,  and  may  have  Jations,  Ac.^ 
and  use  a  common  seal,  and  make  such  by-laws  and  regulations  for 
their  government  as  they  shall  see  fit,  with  full  power  to  enforce  the 
due  observance  thereof  upon  their  members  :  Provided,  Said  laws  are 
not  inconsistent  with  the  Constitution  and  laws  of  this  State  and  the 
Confederate  States. 

VII.  No  part  of  the  capital  stock  shall  at  any  time  be  wi{hdi-awn  Debt?  and  lia- 
by,  or  divided  among,  the  stockholders,  until  all  the  debts  and  liabili- 
ties of  the  corporation  shall  have  been  fully  paid  off  and  discharged. 

'    t 
In  the  Senate  House,  the  seventeenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  theeighty- 
eighth  year  of  the  sovereignty  and  iriHependeBce  of  fhe  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. '      f 
A.  P.  IvLT)'^lQi^,^'peaker  House  of  B,e]^re^iativie&. 


222  STATUTES  AT  LARGE 

A.  D.  1863. 
• ^, '     AN  ACT  TO  INCORPORATE    THE  CONSOLIDATED   STEAMSHIP  CoMPAKY  OP 

^o-  'iSOO.  Charleston. 

Power  to  export  i-  ^^  ^t  enacted  by  the  Senate  and  House  of  Eepresentatives,  now 
and  import.  ^^^  ^^^^  sitting  in  General  Assembly,  and  by  the  authority  of  the 
same,  That  William  Eavenel,  G.  "W.  Williams,  W.  B.  Heriot,  and  their 
associates  and  successors,  be,  and  they  are  hereby,  made  a  body  cor- 
porate and  politic  in  law,  by  the  name  of  "  The  Consolidated  Steam- 
ship Company  of  Charleston;"  and  the  said  Company  shall  have 
power  to  export  produce  from  this  State  to  neutral  ports,  and  import 
into  this  State,  from  neutral  ports,  arms,  munitions  of  war,  and  other 
commodities,  and  also  to  bring  and  carry  mails  and  passengers  in 
their  vessels. 

Ainountofcapi-      H-  The '  Capital  stock  of  the  said  Company  shall  be  two  millions 

and  fifteen  thousand  dollars. 
Capital  stock,        \ji/  The  Capital  stock  shall  be  raised  by  subscription,  in  shares  of 

how  raised.  -i  .  ./  i  ' 

one  thousand  dollars  each ;  but  the  Company  shall  not  go  into  opera- 
tion until  the  said  stock,  to  the  amount  of  at  least  two  hundred. thou- 
sand dollars,  has  been  paid  in  cash,  and  an  oath  or  affirmation  thereof 
shall  have  been  made  and  subscribed  by  the  President  of  the  Com- 
pany, the  Treasurer,  and  a  majority  of  the  Board  of  .Directors,  which 
shall  be  lodged  and  recorded  in  the  office  of  the  Secretary  of  State, 
and  be  published  in  two  newspapers  of  the  city  of  Charleston. 
Board  of  Maua-  lY.  The  affairs  of  the  Company  shall  be  managed  by  a  Board,  con- 
^^^^'  sisting  of  a  President  and  four  Directors,  who  shall  be  elected  in  such 

manner  and  for  such  periods,  as  the  stockholders  may  prescribe. 
Power  to  sell         Y.  The  Said  capital  stock  shall  be  deemed  personal  estate,  and  the 
an  tians  er.     (]Qjjjpany  may  hotd  such  personal  property  as  may  be  necessary  for 
the  purposes  of  their  business,  and  may,  from  time  to  time,  sell  and 
transfer  the  same,  or  a^  p^rt  thereof. 
Power  to  make    '  YI.  The  Said  Company  may,  by  its  corporate  name,  be  plaintiff 
latlonX  &c!'°'^'  or  defen€ant  in  any  court  of  law  or  equity  in  this  State,  and  may 
have  and  use  a  common  seal,  and  make  such  by-laws  and  regulations 
for  their  government,  as  they  shall  see  fit,  with  full  power  to  enforce 
the  due  observance  thereof  upon  their  members  :  Provided,  Said  laws 
are  not  inconsistent  with  the  Constitution  and  laws  of  this  State  and 
the  Confederate  States. 


OF  SOUTH  CAROLINA.  .  223 

« 

VII.  No  part  of  the  capital  stock  sliall,  at  any  time,  be  withdrawn     a.  d.  ises. 
b}^  dividend  amono-  the  stockholders,  iiiitil  all  the  debts  and  liabilities  ^  r"  ^C7 

^  I  ■^  1  •  1  Debts  and  lia- 

01  the  corporation  shall  have  beerf  fully  paid  off  and  discharged.  tiiities. 

In  the  Senate  House,  the  seventeenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
eighth  year  of  the  sovereignty  and   independence  of  the  State  of 
•  South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALBRICH,  Speaker  House  of  Rcpresfentativex. 


an   act   to  'incorporate   certain   religious    and    cliaritable  no.  4691. 
Societies,  and  to   renew  and  amend    the  charters  op  others  ^ 

heretofore  granted. 

f 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  noAv  Little  Mountain 

O.  S.  Presbyte- 

met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  nan  church, 
same:  Tliat  James  W.  Black,  Joel  J.  Cunningham,  J.  Wm.  Power, 
Benjamin  W.  Williams  and  John  Cunningham,  Trustees  of  Little 
Mountain  O.  S.  Presbyterian  Church,  of  Abbeville  district,  and  their 
successors  in  the  said  of&ee,  appointed  from  time  to  time,  in  conformity 
with  the  rules  and  discipline  of  the  said  church,  be,  and  they  are 
hereby  created  a  body  politic  and  corporate,  Ubder  the  name  and 
style  of  Little  Mountain  O.  ^  Presb3'terian  Church,  for  the  jDcriod  of 
twenty-one  years  from  the  ratification  of  this  Act-  and  shall  have' 
power  to  have  and  use  a  common  seal,  to  sue  and  be  sued,  plead  and 
be  impleaded,  in  any  Court  of  this  Statf ;  to  make  'all  by-laws  nfecey- 
sary  and  proper  for  the  purposes  of  said  cor^ioration,  not  repugnant 
to  the  laws  of  this  State.  That  all  real  estate  within  the  limits  of 
Abbeville"  district,  acquired  by  the  said  Church  for  the  benefit  thereof, 
by  gift,  purchase,  devise  or  exclmngc,  be  vested  in  the  Board  of  Trus- 
tees, and  their  successors  in  office;  to  hold  other  real  estate  and  per- 
sonal property  to  an  amount  not  exceeding  ten  thousand  dollars,  and 
the  same  to  alien,  lease  or  transfer,  and  in  general  to  exercise  and 
enjoy  all  the  powers  and  privileges  incident  to  such  corporations. 

II.  That  the  charter  heretofore  granted  to   "  Rock  Church,"'   in  Rock  Church. 
Abbeville  district,  be,  and  the  same  is  hereby,  renewed  and  extended 


224 


STATUTES  AT  LARGE 


A.  D.  1SG3. 


Walterborough 
Male  Aoademj'. 


Ursuliue  Com- 
munity, of  Co- 
lumbia. 


Aiken  Mutual 
Relief  Associa- 
tion. 


Missionary 
Society  of  the 
South  Carolina 
•Methodist  Pro- 
tasUiat  Church. 


Blythewood 
Female  Aca- 
demy, 


for  a  period  of  twenty-one  years  from  the  clay  ou  which  the  said  char- 
ter, according  to  its  present  limitation,  will  expire  :  That  James 
Gillaui,  James  Bail}'  and  Rober^  H,  flounce,  be,  and  are  hereby, 
appointed  to  act  as  Trustees  of  said  corporation,  with  power  to  hold 
real  and  personal  estate  to  the  amount  of  ten  thousand  dollars, 
exclusive  of  the  lot  and  buildings  of  the  Presbyterian  Church  in 
Greenwood,  no^v  owned  by  them,  and  with  all  the  rights,  powers  and 
privileges  heretofore  granted  to  said  corporation, 

111.  That  the  charter  heretofore  granted  to,  the  "  Walterborough 
Male  Academy,"  be,  and  the  same  is  he^by,  renewed  and  extended 
for  twenty-one  years,  with  all  the  rights,  powers,  privileges  and  im- 
munities hei'ctofore  granted  to  said  corporation. 

lY.  Tliat  the  Ursuline  Ladies  of  Columbia,  be,  and  they  are  hereby, 
created  a  body  politic  and  corporate,  under  the  name  and  style  of  the 
"  Ladies'  Ursuline  Community  of  Columbia,"  for  the  j^ei-iod  of  twenty- 
one  years  from  the  ratification  of  this  Act ;  and  shall  have  power  to 
have  and  use  a  common  seal,  to  sue  antl  be  sued,  plead  and  be  im- 
pleaded iu  any  Court  of  this  State,  to  make  all  by-laws  necessary  and 
proper  for  the  purposes  of  said  corporation  noLrepugnant  to  the  laws 
of  this  State  ;  to  hold  real  and  personal  estate  to  aft  amount  not  ex- 
ceeding ten  thousand  dollars,  over  and  above  what  may  be  necessary 
for  the  purposes  of  their  institution,  and  with  power  to  sell,  alien  or 
transfer  the  same,  or  any  part  thereof. 

V.  That   the  officers    and  members  of  "  The  Aiken  Mutual  Ee- 

4 

lief  Association,"  be,  and  are  hereby  declared  to  be  a  body  politic 
and  corporate,  Joy  the  name  and  style  of  the  "Aiken  Mutual  Relief  As- 
sociation," with  all  the  rights,  powers,  privileges  and  immunities 
usually  incident  to  such  corporations,  with  a  capital  not  exceeding- 
thirty  thousand  dollars,  unless  the  Sccme  shall  be  increased  by  the 
Board  of  directors  of  the  said  Association  :  Provided,  however,  that 
the  capital  thereof  shall  not  be  increased  beyond  the  sum  of  sixty 
thousand  dollars. 

VI.  That  the  annual  Conference  and  Missionary  Society,  of  the 
South  Carolina  District  Methodist  Protestant  Church,  be,  and  the 
same  are  hereby,  incorporated,  by  the  name  of  the  annual  Conference 
and  Missionary  Society  of  the  Soi^h  Carolina  District  Methodist  Pro- 
testant Church,  and  their  successors,  for  the  term  of  twenty-one  years, 
with  all  the  rights,  powers  and  privileges  incident  to  like  bodies  cor- 
porate and  politic: 

VII.  That  J.  L.  Reynolds,  P.  A.  McMichael,  T.  W.  Mellichamp, 
A.  K.  Craig,  L.  C    Hinton,  John  C  Kennedj^,  and  their  associates 


OF  SOUTH  CAROLINA.  225 

and  successors,  be,  aud  are  hereby,  declared  a  body  politic  and  cor-     a.  d.  isea. 
porate,  under    the    name   and   style   of  the   "Blythewood   Female  "^ 

Academy,"  in  Fairfield  District,  for  the  period  of  twenty-oue  years 
from  the  ratification  of  this  Act,  with  power  to  sue  and  be  sued,  plead 
and  be  impleaded,  to  hold  real  and  personal  estate  to  an  amount 
not  exceeding  fifty  thousand  dollars,  and  with  all  the  rights,  powers, 
privileges  and  immunities  incident  to  such  like  corporations. 

In  the  Senate  Iloase  the  seventeenth  day  of  December,  in  the  yoar  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
eighth  year  of  the  sovereignty  ard  independence  of  the  State  of 
South  Carolina. 

W.  D.  POETEB,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


AN    ACT    TO   AMEND   AN   ACT    ENTITLED    "  An   AcT,  TO    CHARTER   THE  No.  4692. 

Shelby  and  Bboad  River  Railroad." 

I.  Be  it  enacted  by  the  Senate  and  House  of  Representatives,  now  Capital  stock 

.  increased. 

met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the 
same,  That  "An  Act  to  charter  the  Shelby  and  Broad  River  Railroad," 
passed  on  the  eighteenth  day  of  December,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  sixty-two,  be,  and  the  same  is  here- 
by, amended,  so  as  to  allow  the  Company  thereby  chartered  to  increase 
the  capital  stock  of  said  Company  to  the  amount  of  one  million  five 
hundred  thousand  dollars,  and  to  increase  at  their  discretion  the  num-  fr'lai'e^nnmbJr 
ber  of  Directors  constituting  the  Board  to  thirteen.  of  directors. 

II.  That  the  fifth  section  of  the  said  Act,  to  charter  the  Shelby  and  ^|.'i'amend°eV' 
Broad  River  Railr-oad,  be  amended  so  as  to  read  as  follows:  The  said 
Company  arc  hereby  authorized  to  construct  a  railroad,  frorti  such 

points  on  the  Spartanburg  and  Union  Railroad,  the  King's  Mountain 
Railroad,  the  Greenville  and  Columbia  Railroad,  or  the  Charlotte  and 
South  Carolina  Railroad,  as  the  stockholders  of  the  Company  hereby 
incorporated  may  hereafter  select,  towards  and  unto  the  North  Caro- 
lina line,  and  such  route  as  may  bo  deteiynincd  by  the  Company,  lead- 
ing to  the  Wilmington,  Charlotte  and  Rutherford  Railroad  in  North 
Carolina,  at  or  near  the  village  of  Shelby,  in  said  State;  and  that  for 

29 


226 


STATUTES  AT  LAKGE 


A,  D.  1863. 


Authority  to 

construct 

branches. 


tho  purposes  aforesaid,  all  tho  rights,  powers  and  privileges  conferred 
oa  the  Charlotte  and  South  Carolina  Eailroad  Company,  by  an  Act, 
entitled  ''  An  xlct  to  charter  tlie  Charlotte  and  South  Carolina  Railroad 
Company,"  passed  in  the  year  of  our  Lord  one  thousand  eight  hundred 
-and  forty-six,  in  connection  with  an  Act  amendatory  thereof,  entitled 
"An  Act  to  produce  conformity  in  the  charters  granted  to  the  Char- 
lotte and  South  Carolina  Eailroad  Companj-,  by  the  States  of  North 
and  South  Carolina,"  are  herelw  conferred  on  the  Shelb}'  and  Broad 
Eiver  Eailroad  Company,  and  subject  to  the  conditions  and  restric- 
tions contained  in  said  Acts,  except  in  so  far  as  the  special  provisions 
of  the  charter  of  the  Shelby  and  Broad  Eiver  Eailroad  may  require 
the  same  to  be  modified  or  varied. 

III.  That  the  said  Shelby  and  Broad  Eiver  Eailroad  Company  bo, 
and  it  is  further,  authorized  to  construct  branches  of  not  more  than 
ten  miles  in  length,  to  such  points  near  the  route  of  the  said  Eailroad 
as  may  be  deemed  expedient. 

In  the  Senate  House,  the  seventeenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
eighth  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  POETEE,  President  of  the  Senate. 

A.  P.  ALDEICH,  Speaker  House  of  Representatives. 


No.  4693.     AN  ACT  to  Incorpokate  the  Batesville  MANUFAOTURiNa  Com- 
pany. 


Company  in-         I.  Be  it  enacted  by  the  Senate  and  House  of  Eepresentatives,  now 

corporated.  •'  ■•■  ' 

met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the 
same :  That  Theodore  D.  Wagner,  James  H.  Taylor,  James  Mont- 
gomery, and  their  associates  and  successors,  are  hereby  made  and 
created  a  body  politic  and  corporate  in  law,  by  the  name  of  the  Bates- 
ville Manufacturing  Company,  for  the  purpose^  of  manufacturing  by 
spinning,  weaving,  bleaching,  dying,  printing  and  finishing  all  goods 
of  which  cotton,  wool,  or  other  fibrous  products,  may  form  a  part,  and 
procuring  or  making  machinery  «for  such  purposes,  and  also  for  the 
transaction  of  such  business  connected  therewith  as  may  be  deemed 
necessary,  and  may  erect  such,  mills,  machine  shops,  or  other  works, 


OF  SOUTH  CAROLINA.  227 

as  may  be  deemed  requisite  to  carry  on  saccessfully  their  said  maiiu-     *•  ^-  ^^^^• 
factures,  with  a  present  capital  of  three  hundred  and.fift}-  thousand 
dollars,  with  the  right  and  privilege  to  increase  the  same  to  one  million 
of  dollars.  , 

II.  That  said  corporation  may  purchase  and  hold  such  real  estate  May  hoW  real 
as  may  be  required  for  their  purposes,  or  such  as  they  may  deem  it 
for  their  interest  to  take  in  settlement  of  any  debts  due  them,  and 
may  dispose  of  the  same,  and  may  sue  and  be  sued  in  all  the  courts 
of  law  or  equity  in  this  State,  may  have  and  use  a  common  seal,  and 
make  such  by-laws  for  their  regulation  and  government,  not  incon- 
sistent with  the  Constitution  and  laws  of  the  Confederate  States  and 
of  this  State,  as  they  shall  deem  necessaiy,  and  the  said  corporation 
shall  have  generally  all  the  rights,  powei*s  and  privileges  in  hiw  inci- 
dent or  appertaining  to  corporations. 

In  the  Senate  House,  the  fevenf^enth  day  of  Deromber,  in  Ihe  yeaf  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
eitihth  yi  ar  of  the  sovereignty  and  independence  of  the  Slate  of 
South  Carolina.        '         .  ♦ 

W.  D.  PORTER,   President  of  the  Senate. 

A.  P.  ALDRICII,  Speaker  House  of  Representatives. 


an  act  to  incorporate  tde  southern  importing  and  exporting  no.  4694. 

Company. 

r 

I.  Be  it  enacted  by  the  Senate  and  Hpuse  of  Eepresentatives,  now  company mcor- 
met  and  sitting  in  General  Assembly,  and  by  the  authority  of  the  ^  '"*''  ' 
same,  That  James  W.  Brown,  John  E.  Dukes,  Robert  D^White,  James 

McKay  and  T.  B.  Trout,  and  their  associates  and  successors,  be,  and 
they  are  hereby,  made  a  body  jwlitic  and  corporate  in  law,  hy  the 
name  of  the  Southern  Importing  and  Exporting  Company;  and  the 
said  Company  shall  have  power  to  export  produce  from  this  State,  Power  to  ex- 

/  ,    •'^       „    ,  /  ^     ,      ^  '  port  and  im- 

or  any  of  the  Confederate  States,  to  neutral  ports,  and  import  into  tJMS  port,  &c. 
State,  or  any  of  the  Confederate  States,  from  neutral  ports,  arms,  mu- 
nitions of  war,  and  other  commodities,  and  also  to  bring  and  carry 
mails  and  passengers  in  their  vessels. 

II.  The  capital  stock  of  said  Company  shall  be  two  hundred  and  ^3'^," a" stock. 
twenty  thousand  dollars,  with  the  privilege  of  increasing  the  eame  to 

five  hvuidi'oti  toiousand  dolia/vs. 


228 


STATUTES  AT  LARGE 


A.  D.  1S63. 


Board  of  Man- 

aiders. 


Company  to 
hold  personal 
propeity. 


Company  to 
make  liy-laws 
and  regula- 
tions. 


Division  of 
capital  stock. 


III.  The  capital  stock  shall  be  raised  by  subscription  in  shares  of 
one  thousand  dollars  each,  but  the  said  Company  shall  not  go  into 
operation  until  the  said  stock,  to  the  amount  of  at  least  two  hundred 
thousand  dollars,  has  been  paid  in  cash,  and  an  (jath  or  affirnialiou 
thereof  shall  have  been  made  and  subscribed  by  the  President  of  the 
Company,  the  Treasurer  and  a  majorxty  of  the  Board  of  Directors, 
which  shall  be  lodged  and  recorded,  and  be  published  in  two  news- 
papers of  the  city  of  Charleston. 

IV.  The  affairs  of  the  Company  shall  be  managed  by  a  Board, 
consisting  of  a  President  .and  four  Directors,  who  shall  be  elected  in 
such  manner  and  for  such  periods  as  the  stockholders  may  prescribe. 

y.  The  said  capit.al  stock  shall  be  deemed  personal  estate,  and  the 
Company  may  hold  such  personal  property  as  may  be  necessary  for 
the  purposes^  of  their  business,  and  may,  from  time  to  time,  sell  and 
transfer  the  Same,  or  any  part  thereof 

VI.  The  said  Company  may,  by  its  corporate  name,  be  plaintiff  or 
defendent  in  any  Court  of  Law  or  Equit}'  in  this  State,  and  may  have 
and  use  a  common  seal,  and  may  make  such  by-laws  and  regulations  for 
their  government  as  the}'  shall  see  fit,  "with  full  power  to  enforce  tJie 
due  observance  thereof  upon  their  members :  Prodded,  said  laws  are 
not  inconsistent  with  the  Constitution  and  laws  of  this  State  or  of  the 
Confederate  States. 

VII.  ISTo  part  of  the  capital  stock  shall,  at  any  time,  be  withdrawn 
by,  or  divided  among  the  stockholders,  until  all  the  debts  and  liabili- 
ties of  the  said  corporation  shall  have  been  fully  paid  olf  and  dis- 
chai'a'cd.  * 


In  the  Senate  House,  the  seventeenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty- three,  and  in  the  eighty- 
eighth  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,   President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


No.  4695.    AN  ACT   to   amend   the   Charter  op   the   Edisto   and    Ashley 

Canal  CoxMpany. 


Set'ond  sprtion      J    Be  U  enacted  by  the.  Senate  and  House  of  Representatives,  now 

of  Aet  alteiv'd  -^  ,  -  ^  ' 

anuameuded.   met  aud  sitting  lu  Goucral  Assembly,  and  by  the  authority  of  the 


OF  SOUTH  CAROLINA.  229 

same,  That  the  second  section  of  an  Act,  entitled  "An  Act  to  incor-  ■*•  ^'  ^^^ 
porate  the  Edisto  and  Ashley  Canal  Compan}-,"  ratified  on  the  sixth 
day  of  February,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  sixty-threo,  be,  and  the  same  is  hereby,  so  altered  and  amended, 
that  it  shall  be  lawful  for  the  Commissioners  therein  named  .to  open 
books  for  subscriptions  to  the  cajjital  stock  of  said  Company,  on  the 
first  Monday  of  each' month,  between  the  hours  of  nine  in  the  fore- 
noon, and  three  in  the  afternoon,  until  they  shall  ascertain  that  a 
sufficient  number  of  shares  have  been  subscribed  to  authorize  tho 
organization  of  the  Company. 

II.  That  so  much  of  the  eighth  section  of  the  said  Act  as  prohibits  Eighth  s«c<ion 

,        ^  „  .  .  ri        11  ,•  of  Act  repealed. 

the  Compau}'  irom  imposing  a  rate  of  toll,  "not  exceeding  at  any 
time,  ten  per  centum  per  annum  on  the  money  which  they  shall  have 
expended  in  making  and  keeping  in  repair  said  Canal,"  and  which 
requires  them  to  submit  their  books,  with  a  written  statement  on 
oath,  of  the  expenses  of  keeping  said  Canal  in  repair,  and  tho  rates  of 
toll,  annually  to  the  Lcgishfture'  be,  and  the  same  is  hereby,  repealed. 

In  the  Senate  Hou-e,  tho  ge^enteenth  day  of  December,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-three,  and  in  the  eighty- 
eighth  year  of  the  sovereignty  and  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  House  of  Representatives. 


AX   ACT   TO   COMBINE   THE   OFFICES   OF   THE   ClERK   OF   THE   CoURT   OF  JJ^q,  4696. 

CoM.MON  Pleas  and  General  Sessions   and  Register  of  Mesne 
Conveyances,  for  Georgetown  District. 

I.    Be  it  enacted  by  the   Senate   and  House  of  Representatives,  offices  com- 

,  •'  ^  hined,  and  offi. 

now  met  and  sitting  in  General  Assembly,  and  by  the  authority  of  cim  bond  of 

"  •' ^  ■J  ''         ClerU- of  Court 

the  same.  That  from  and  after  the  passage  of  this  Act,  the  duties  of  extended. 
Itegister  of  ^lesne  Convej'anccs  for  Georgetown  district,  shall  attach 
to  the   office  of  Clerk  of  the  Court  of  Common  Pleas  and   General 
Sesaious  for  said  district,  and  the  official  bond  of  tho  Clerk,  as  now 


230  STATUTES  AT  LAEGE 

A.  D.1863.     required  by  law,  shall  e;xtcnd  to  the  faithful  performance  of  the  addi- 
^"■"■""^  tional  duties  hereby  fmposcd. 

In  the  Senate  House,  the  seventeenth  day  of  necemher,  in  the  year  of  our 
Lord  one  ihousMnd  eight  hundred  and  sixty-three,  and  in  ihe  eip;hty- 
eiiihth-  year  of  the  sovereignty  and'  independence  of  the  State  of 
South  Carolina. 

W.  D.  PORTER,  Pra^khnt  of  the  S<">mle. 

A.  P.  ALDRLCH,  Sptakcr  House  of  Representatives. 


I 
No.  4697.     AN  ACT  to  amend  thk  Charter  of  the  Carolina  Cotton  and 

Woolen  Factory. 
Eigth  section        I.  Beit  enacted  by  the  Senate  and.  House  of  Representatives,  now 

ot  Act  altered,  "^  ^ 

mcreiisingcapi- met  and  sitting  in  G-eneral  Assembly,  and  by  the  authont}^  of  the 
same,  That  the  first  section  of  an  Act,  entitled  "An  Act  to  incorpo- 
rate the  Carolina  Cotton  and  Woolen  Factoi-y,"  ratified  on  the  eigh- 
teenth day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  sixty-two,  be,  and  the  same  is  hereby,  altered  and 
amended,  so  as  to  increase  the  capital  stock  thereof  from  one  hundred 
and  fifty  thousand  dollars,  as  therein  provided,  to  any  sum  not  ex- 
ceeding one  million  of  dollars. 

In  the  Senate  House,  the  seventeenth  day  of  December,  in  the  year  of  our 
Lcird  one  thousand  eight  hundred  and  sixty- three,  and  in  the  eighty- 
eighth  year  of  the  sovereignty  and  independence  of  the  State  of  South 
Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 
*  A.  P.  ALDRICH,  Speaker  Souse  of  Representatives. 


No.  4698.  AN  ACT  to  authorize  the  Clerk  of  the  Court  fo§,  Marlborough 
District. TO  draw  Juries  for  the  next  term  of  the  Court  during 
Vacation. 

Clerk  of  courf,       j_  ^6  it  enacted  by  the  Senate  and  House  of  Representatives,  now 

null  Slieritf,  to  "'  i        •  f>     i 

Oiuwjuiies.      met  and  bitting  in  General  A&scnibly,  and  by  the  autnonty  oi  tn© 


OF  SOUTH  CAROLINA.  281 

same,  That  the  Clerk  of  the  Court  of  Common  Pleas  and  General  a.  d.  iscs. 
Sessions,  for  Marlborough  District,  be,  and  he  is  hereb}',  authorized, 
together  with  the  Sheriff  of  said  district,  to  draw,  during  vacation,  the 
necessary  Juries  for  the  next  regular  term  of  said  Court,  in  the  man- 
ner now  provided  by  law  for  drawing  such  Juries  in  open  Court, 
in  cases  where  the  Judge  fails  to  attend  daring  the  term. 

In  the  S  Tiate  House   thf^  sovrritconth  dny  of  Di-ccmber,  in  the  jonr  "^f  our  , 

Lord  •  lie  tlmus  itid  eight  hundred  aiid>i\ty  ilir  c.  ii  d  in  the»ighty- 
eighih  year  of  the  sovereignty  and  indepcndi  nee  of  llic  St  tc  v.f 
South  Carolina. 

W.  D.  PORTER,  President  of  the  Senate. 

A.  P.  ALDRICH,  Speaker  Rouse  of  Representatives. 


INDEX  TO  ACTS  OF  1863. 


APPROPRIATIONS. 


Pack. 

An  Act  to  make,  for  the  year  1863 182 

For  Executive  Department 182 

Legislative  Department 182 

Judiciary  Department * 183 

Treasury  Department 184 

Military  Expenditures 186 

Ordinary  Local  Expenditures 186 

Extraordinary  Expenditures 187 

B. 

BUILDING  AND  LOAN  ASSOCIATIONS. 

An  Act  to  extend  an  Act  to  authorize  certain,  to  suspend  month- 
ly installments 218 

Act  reenacted  and  made  of  force 218 

c. 

CANAL  COMPANY. 

An  Act  to  amend  the  charter  of  the  Edisto  and  Ashley 228 

Second  section  of  Act  altered  and  amended 228 

Eighth  section  of  Act  repealed 228 

« 

CONGRESS. 

An  Act  to  provide  for  the   Election  of  Members  of,  from  this 

State 173 

d 


ii  INDEX  TO  THE  ACTS. 

Page. 

State  divided  into  Congressional  Districts itS 

First  District 173 

Second  District 173 

Third  District 173 

Fourth  District ,..,^ 173 

Fifth  District f.:K,.,V., 173 

Sixth  District 173 

One  Representative  to  each  District 174 

Elections,  when  and  at  wliat  places  held 174 

"         biennially 174 

Managers,  duties  of , 174 

Votes,  how  counted  and  announced 174 

Elections  in  Districts  occupied  by  the  eneni}- •...  174 

CONSOLIDATED  STEAMSHIP  COMPANY. 

An  Act  to  incorporate  the,  of  Charleston , 222 

Power  to  export  and  import '. 222 

Amount  of  capital 222 

Capital  stock,  how  raised 222 

Board  of  Managers , 222 

Power  to  sell  and  transfer 222 

^'     to  make  laws  and  regulations,  etc.. 222 

Debts  and  liabilities 223 

COTTON. 

An  Act  to  continue  in  force  the  Laws  in  relation  to  the  cultiva- 
tion of. 200 

Acts  reenacted  and  made  of  force 200 

13. 

DEBTOES. 

An  Act  to  continue  in  force  an  Act  to  extend  relief  to 199 

Continued  of  force  till  adjournment  of  next  General  Assembly...  199 
Provision  for  lines  for   default  of  work  on  Eoads 109 

DESERTION. 

An  Act  to  prevent,  from  Confederate  or  State  Military  service, 

and  evasion  of  conscription 177 


INDEX  TO  TPIE  ACTS.  iii 

Page. 

Arrest  of  Deserters 177 

Sheriffs  indictable  for  neglect  to  arrest 177 

Penalty  for  aiding  or  abetting  deseitiou 177 

DISTEICT  OFFICERS. 

An  Act  to  alter  the  Law  in  relation  to  the  election  of. 119 

Day  of  Election  changed 110 

Duty  of  Managers 119 

111. 

EXEMPTION  LAW. 

An  Act  to  declare  and  amend  the,  of  this  State,  and  for  other 

purposes 188 

Oi-dinancc  and  Acts  ratiticd  at  stated  jDeriods  defined  to  apply  to 

State  troops 188 

Act  for  better  organiiiation  of  Militia  amended,  defining  exemp- 
tions   189 

Persons  claiming  exemptions  liable  to  forfeit  right 189 

Additional  enlistment  of  Militia 190 

Eules  and  Regulations  to  be  established 190 

Substitutes 190 

Exporting  and  Importing  Companies — (See  Importing  and  Ex- 
porting Companies.) 

F. 

FACTORY. 

An   Act   to   amend    the   charter  of    tke   Carolina   Cotton   and 

Woolen 230 

.l")ighth  section  of  Act  altered,  increasing  capital  stock 230 

Families  of  Soldiers — (See  Soldiers.) 

FEES  OF  SHERIFFS. 

An 'Act  to  increase  the,  for  dieting  persons  cdjifined  in  jail 216 

Fees  for  dieting  prisoners 216 

Limitation  of  Act 217 


iv  INDEX  TO  THE  ACTS. 

a. 

GENERAL  STAFF. 

Page. 

An  Act  to  amend  the  Law  in  relation  to  the 209 

Office  of  Paymaster  General  abolished,  and  duties  transferred,  etc.  209 

Officers  of  Staff  entitled  to  assistants 209 

Compensation  of  officers  and  assistants 209 

I. 

IMPOKTING  AND  EXPORTING  COMPANIES. 

An  Act  to  incorporate  the   Chicora  Importing  and  Exporting 

Company  of  South  Carolina 214 

Power  to  export  and  import :\ 214 

Amount  of  capital  stock 214 

Capital  stock,  how  raised,  etc 214 

Board  of  Managers 214 

Power  to  sell  and  transfer 214 

Power  to  make  laws  and  regulations 214 

Debts  and  liabilities 215 

An  Act  to  incoi-porate  the  Charleston  Importing  and  Exporting 

Company 220 

Power  to  export  and  import 220 

Amount  of  capital  stock.. 221 

Capital  stock,  how  raised 221 

Board  of  Managers ,,; 221 

Power  to  sell  and  transfer  stock 221 

Power  to  make  laws  and  regulations,  etc 221 

Debts  and  liabilities 221 

An  Act  to  incorporate  the  Southern  Importing  and  Exporting 

Company 227 

Company  incorporated 227 

Power  to  import  and  export 227 

Amount  of  capital  stock 227 

Capital  stock,  how  raised 228 

Board  of  Managers 228 

Company  to  hold  personal  property 228 

Company  to  make  bylaws  and  regulatiohs 228 

Division  of  capital  stock 228 

Infantry— (See  Mounted  Infantry.) 


INDEX  TO  THE  ACTS.  t 

J-  . 

Jail— (See  Fees  of  Sheriffs.) 

'-^'  JUEIES. 

,_    Pace. 

An  Act  to  authorize  the  Clerk  of  the  Court  for  Mai-lboro'  Dis-    ■ 

trict  to  draw,  for  next  term  of  Court  during  vacation 280 

Clerk  of  Court,  with  Sheriff,  to  draw 230 

L.  . 

LABOR.. 

An  Act  to  amend  the  Act  in  relation  to  the  tsupplj'  of,  for  1A\\\- 

tary  defence •. 1 9(5 

Commissioners  of  Eoads  and  other  authorities  to  furnish  correct 

returns,  etc 190 

Further  duties  of  Commissioners,  etc 197 

Liability  of  defoulting  owners  of  slaves 197 

Repeal  of  previous  enactments,  etc 107 

Slaves  to  be  delivered  punctually  after  term  of  service 197 

Laws — (See  Exemption  Laws.) 

M.  , 

MANUFACTUEING  COMPATs'T. 

An  Act  to  incorporate  the  Batesville 22G 

Company  incorporated 226 

May  hold  real  estate,  etc 227 

MOUXTED  IXFANTllY. 

An  Act  to  provide  for  Volunteer  Companies  of 171 

Governor  to  accept  Yolunteers 171 

Who  to  be  accepted 171 

Who  to  be  excluded ....*....  171 

Governor  to  appoint  Enrolling  Officers  and  Surgeons 172 

Militia  officers  to  report  persons  liable «. 172 

Organization  of  effective  men •• 172 

Election  or  appointment  of  Field  Officers 172 

Organization  of  Artillery 172 

Powers  coufen*ed  iipon  Governor  not  t©  be  impi'operly  construed..  173 


vi  INDEX  TO  THE  ACTS. 

Defaulters,  how  ])Uiiishod 172 

Troops  subject  to  Articles  of  War 172 

P a  y  an  d  all  o  w  ai  1  c e 172 

Api^ropriation  for  equipping  and  supplj'ing  troops 17;> 

Exemptions  from  service ; 17:^ 

^^EGEO  LABOR. 

An  Act  to  amend  an  Act  to  of'ganize  and  supply,  for  coast  de- 
fence    17o 

Penalty  for  neglect  or  refusal  to  ^end  slaves 175 

Commissioners  of  Roads  and   other  '  authorities  to  i"eturn  de- 

iaulters...* ' JfUiA';......  175 

Impressment  of  Free  persons  of  oolor 170 

Proportion  of  Free  persons  of  color  to  be  selected  by  lot 17G 

Substitutes 176 

Suits  again^.t  defaulters 17G 

Liable  for  defence  of  other  portions  of  State  (Sec.  5) 176 

o. 

OFFICEES. 

An  Act  to  combine  the,  of  Clerk  of  Court  of  Common  Pleas  and 

Eegister  of  Mesne  Conveyances  for  Georgetown  District 229 

Offices  combined,  and  official  Bond  of  Clerk  extended 229 

Oificers — (See  District  Officers.)    ^ 

Tl. 

EAILEOAD  COMPANIES. 

An  Act  to  amend  and  renew  the  charter  of  the  Columbia  and 

Hamburg  Eailroad  Company 200 

Company  incorported 200 

Election  of  Directors 201 

Elections  by  ballot 201 

Xumber  of  Stockholders  necessary  to  transact  business 201 

Election  of  President  and  Directors 201 

Vacancy  by'  removal 202 

Number  of  Directors  necessary  to  constitute  Boai'd 202 


INDEX  TO  TtdK  ACTS.  vii 

Paoe. 

Vacancy  by  death,  etc 202 

Meeting  of  Stockholders 202 

Non-election  of  Directors 202 

Special  Meetings 202 

Contracts  binding  on  Company 202 

Power  to  construct  road 202 

Company  to  have  exclusive  right  of  conveyance 20o 

Company  may  farm  out  rights  of  transportion 20iJ 

Liability  for  failure  to  pay  installments 20:) 

Stock  transferable ...^204 

Power  to  increase  capital  stock 204 

Power  to  borrow  money,  etc 204 

Directors  to  make  report  periodically 204 

Company  may  purchase  and  hold  lands,  etc.  in  fee 204 

Eight  to  conduct  road  across  public  road  or  watercourse,,  etc 205 

Commissioners  to  be  appointed  to  decide  valuation  of  right  of 

way v.'v.U-,'. 205 

Duties  of  Commissioners 205 

Provision  for  appeal 205 

Absence  of  contract  presumj^tive  evidence  of  grant  to  Company 

by  owner  of  land 206 

Application  for  assessment  may  be  made  within  given  time 206 

Provision  for  feme  coverts  or  infants 207 

Land  may  revert  to  owner  in  case  of  sale  for  debts  of  Company..  207 

I^ands  not  granted  to  use  of  tlie  State  to  vest  in  Company 207 

Persons  intruding  upon  road  liable  to  forfeit  vehicles,  and  in- 
dictable   207 

Liability  of  persons  for  damage  to  road,  etc 207 

Obstructions  to  road  deemed  a  public  nuisance,  and  indictable...  208 

Compensation  for  storage 208 

Resex'vation  of  Eight  to  cross  road 208 

Division  of  profits  of  Company 208 

Capital  stock,  dividends  and  property  exempt  from  taxation 208 

Original  charter  to  continue  of  force 209 

An  Act  to  grant  the  aid  of  the  State  to  the  Shelby  and  Broad 

Eiver  Eailroad  Company 210 

Comptroller  General  to  subscribe  to  Capital  Stock 210 

Provision  for  making  subscription 210 

Conditions  of  payment 211 

State  not  liable  for  debts,  etc 212 


viii  INDEX  TO  THE  ACTS. 

Page. 

An  Act  to  alter  and  amend  the  charter  of  the  Cheraw  and  Dar- 
lington Eailroad  Company 219 

Fifth  section  of  Act  amended 219 

Election  of  officers 220 

Charter  not  subject  to  previous  law 220 

An  Act  to  amend  Act  to  charter  the  Shelby  and  Broad  Eiver 

Eailroad ; 225 

Capital  Stock  increased 225 

Privilege  to  increase  number  of  Directors 225 

Fifth  section  of  Act  amended 225 

Authority  to  construct  branches 226 

RELIGIOUS  AND  CHAKITABLE  SOCIETIES. 

An   Act  to  incorporate  certain,  and  to  renew  and  amend  the 

charters  of  others 223 

Little  Mountain  O.  S.  Presbyterian  Church......... 223 

liock  Church 223 

Walterboro'  Male  Academy 224 

Ursuline  Community  of  Columbia ' 224 

Aiken  Mutual  Belief  Association 224 

Missionary  Society  of  the  South  Carolina  Methodist  Protestant 

Church 224 

Blythewood  Female  Academy 224 

EOADS,  BEIDGES  AND  FEEEIES. 

An  Act  to  establish  certain, ^  212 

Eight  to  construct  new  bridge  across  Broad  river 212 

Eight  to  construct  bridge  across  Saluda  river,  and  open  road 212 

Eighth  section  of  Act  repealed 218 

Commissioners   of  Eoads   to   control   roads   mentioned  in  said 

section 213 

Power  to  close  road 213 

Bouknights'  Ferry  re-established , 213 

Commissioners  of  Eoads  to  serve  during  the  war 213 

s. 

SOLDIEES. 

An  Act  to  make  provision  for  the  support  of  the  Families  of, 191 

Produces  to  pay  tax  in  kind, 191 


INDEX  TO  THE  ACTS.  ix 

Paob. 

^Manufacturer  to  pay  tax  in  kind 191 

Duties  of  Boards  of  Eelief,  etc 192 

Boards  of  Eelief  to   require   of  manufiicturers   to  deliver  per 

centage  in  kind,  and  report  to  Comptroller  General 193 

Penalt}'  for  failure  or  refusal  to  make  return 193 

Amount  of  provisions  to  be  furnished  each  individual 193 

President  of  Bank  and  Comptroller  General  to  make  tablilar 

statement,  etc ! 194 

Chairman  and  Ti-easurer  of  Boards  liable  for  failure  to  make 

return 194 

Appropriation  for  relief. i 194 

An  Act  to  refund  to  the  Soldiers'  Board  of  Eelief  for  Marlboro' 

District,  money  advanced  bj'-  them 217 

Assessment  on   General  Tax  to  raise  amount  expended  over  ap- 
propriation   217 

An  Act  to  authorize  the  Tax  Collectors  of  Beaufort  Distiict  to 

pay  over  to  the  Soldiers'  Boards  of  Eelief  certain  funds 218 

Tax  Collectors  required  to  pay  over  funds  in  hands  in  the  pro- 
portion contributed 218 

SOUTHEEN  EXPEESS  COMPANY. 

An  Act  in  relation  to  the,  and  to  provide  additional  remedies  for 

the  defaults  of  common  carriers 215 

Service  of  Process 215 

Liability  under  tinal  Process 215 

Affidavit  may  be  filed  in  actions  against  common  carriers 215 

Duties  of  common  caiTiers  to  publish  names  and  residences  of 

parties  interested  in  business 216 

SPIEITUOUS  LIQUOES. 

An  Act  to  amend  an  Act  to  suppress  the  distillation  of. 198 

Second  section  of  Act  altered  and  amended 198 

Agents  appointed  to  manufacture 198 

Agents  to  enter  into  bond !....  198 

Acts  inconsistent  with  this  Act  repealed 198 

SUPPLIES. 

An  Act  to  raise,  for  the  year  1863 178 

e 


X  ^  INDEX  TO  THE  ACTS- 

Page. 

Of  Lands 178 

Slaves 178 

Lots,  lands  and  buildings 178 

Factorage,  Employments,  and  Faculties  and  Professions 179 

Commissions 179 

Bank  Stock 179 

Gas-light,  Importing,  Exporting,  Express  and  Insurance  Com- 
panies   179 

Goods,  Wares  and  Merchandize 179 

Transient-  Merchandize 180 

Exhibitions ; i 180 

Moneys  invested 180 

Commerci al  agencies 180 

Cards  and   Billiards 180 

Salaries 180 

Taxes,  to  whom  payable 180 

Commiss%is  of  Tax  Collectors 180 

Police  taxes,  returns  of. 181 

Returns  of  Free   negroes 181 

Sullivan's  Island  exempted 181 

Time  of  collection   extended 181 

An  Act  to  procure  supplies,  and  furnish  the  implements  of  Agri- 
cultural and  Manufacturing  industry  for  the  Soldiers  and 
People  of  this  State,  by  a  union  of  the  State  with  the  Import- 
ing and.  Exporting  Company  of  South  Carolina 195 

President  of  Bank  of  State  and  Comptroller  General  to  issue 

stock  or  bonds,  etc 195 

State  to  be  part  owner   of  ships,  etc 195 

State  to  have  right  to  export  and  import 195 

State  to  share  in  mercantile   adventures 195 

Responsibility  of  State,  when  to  commence 196 

Company  to  make  annual  reports 196 

Representation  of  Stock 196 

State  to  have  right  to  ship,  etc 196 

Stock  redeemable 196 

SUSPENSION  OF  SPECIE  PAYMENTS. 

An  Act  to  extend  the,  by  the  Banks  of  this  State,  and  for  other 

purposes 190 


INDEX  TO  THE  ACTS.  xi 

Act  reenacted  and  continued  offeree ll>0 

Provision  for  paying  gold  or  silver  coin 191 

T. 

Tax  Collectors  of  Beaufort  District.— (See  Soldiers.) 

XJ. 

Ursuline  Community  of  Columbia. — (Sec  Eeligious  and  Charita- 
ble Societies.) 

V. 

Volunteer  Companies. — (See  Mounted  Infantry.) 
Woolen  Factory.— (See  Factory.) 


pH8.5 


